EURid Sunrise Rules Section 26

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Section 26. Initiation of ADR Proceedings

  1. During the Sunrise Appeal Period, being a period of forty (40) calendar days following a decision by the Registry to register or not to register a Domain Name, the Applicant or any other interested party may initiate an ADR Proceeding (as defined in the .eu Dispute Resolution Rules) against the Registry with regard to that decision.

  2. (1) The sole object and purpose of an ADR Proceeding against the Registry is to verify whether the relevant decision by the Registry conflicts with the Regulations.

    (2) If more than one ADR Proceeding is initiated against the Registry concerning the same decision to register or not to register a Domain Name, only the ADR Proceeding with the earliest Date of Commencement, as defined in the .eu Dispute Resolution Rules, will be activated, as defined in the .eu Dispute Resolution Rules.

  3. The Provider may require the Registry to disclose the Documentary Evidence.


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Original versions of these Sunrise Rules

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Notes

Since Article 26.2 excludes the application of the Sunrise Rules to ADR proceedings against the Registry ("The sole object and purpose of an ADR Proceeding against the Registry is to verify whether the relevant decision by the Registry conflicts with the Regulations"), several Panels ruled that ADR decisions cannot be grounded on the Sunrise Rules. See for example Cases: - 1047 – festool.eu, - 1071 – essence.eu, - 1310 – astrodata.eu, - 1481 – wisdom.eu, - 1539 - setra.eu, - 1674 – ebags.eu, - 2019 – drinks.eu / estragon.eu / krauter.eu / opskrift.eu / salat.eu / urter.eu, - 2145 – cvc.eu, - 2209 – commscope.eu, - 2362 - petit-forestier.eu, - 2592 – tanos.eu, - 2661 - klangwerk.eu

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