.eu cases brought before the European courts
In the ADR proceeding case no. 3757 FLIGHTS the Panel had rendered an interim decision, in which it referred the following questions to the European Court of Justice for a preliminary ruling:
- Is the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic for alternative dispute resolution (ADR) for .eu domain name disputes (Czech Arbitration Court), set up accordingly to EC Regulation 874/2004, authorized to make a reference to the Court of Justice pursant to the second paragraph of article 234 EG?
- If the Court's answer to the first question is affirmative:
Empowers article 22 (5) EC Regulation 874/2004 to enact supplementary procedures (ADR Rules) allowing a Respondant not only to apply for a rejection of a complain but also to apply for a decision that the Complaint was brought in bad faith and constitutes an abuse of administrative proceeding?
- If the Court's answer to the second question is negative:
Is a Panel of the Arbitration Court entitled by other Community law or a general principle of Community law stemming from the constitutional traditions common to the Member States to adjudicate on the contested decision?
The ECJ assigned the case no. is C-126/07 to this proceeding (see here at http://www.curia.europa.eu/). Soon after its referral to the ECJ, however, the Panel terminated the proceeding because the parties had reached an out-of-court settlement.
Decisions rendered by the European Court of First Instance
Decisions rendered by the European Court of Justice
C‑376/11 Pie Optiek SPRL v Bureau Gevers SA and European Registry for Internet Domains ASBL. This dispute first started with the Czech Arbitration Court's panel decision in case no. 04045 regarding the domain name "lensworld.eu".
C-569/08 Internetportal und Marketing GmbH v Richard Schlicht (source); the decision (and reasoning) of the Austrian Supreme Court that referred this case to the ECJ can be found here, a brief presentation on the background of the case and the questions asked to the ECJ here.