Dispute resolution procedure for obvious breaches of the decree provisions

4. Decisions rendered by AFNIC in application of the decree

1. Overall presentation

AFNIC, in its capacity as registry of French Internet Top Level Domains, is proposing a dispute resolution procedure for obvious breaches of the provisions of the decree dated 02/06/2007 covering domain names under its management.

In the context of this procedure, AFNIC analyses the applications and implements its own decisions when it determines that any of the provisions of the decree have not been complied with.

In order to be able to make an application to AFNIC, the beneficiary must be eligible under the provisions of articles R 20-44-43 to 46 (for example, national institutions, local authorities, as well owners of intellectual property rights, etc).

AFNIC will only render a decision in cases of obvious abuse of the provisions of the decree, i.e. and non-exhaustively, in cases where registration of the domain name:

identically reproduces the name of institutions of the French Republic, a public service or public institution;
identically reproduces the name of a local authority without the permission of the deliberating assembly, excepting in the case of exemptions covered in the decree;
identically or almost identically reproduces the name of institutions of the French Republic, a public service or public institution, whether or not it is associated with the misappropriation of a prefix such as "www", the effect of which would be to create confusion in the mind of the public;
identically or almost identically reproduces a trademark, whether or not it is associated with a misappropriation of a prefix such as "www" without the owner having any legitimate right or interest and without he/she/it having acted in good faith (typosquatting, dotsquatting );
identically reproduces the surname of an individual whether or not he/she is associated with misappropriation of a prefix "www" without the owner having any legitimate right or interest and without him/her having acted in good faith.

This procedure would make it possible to achieve a decision for the transmission, blocking or deletion of the domain name within a minimum of 45 days; throughout the term of the procedure, the domain name would be frozen.

Costs of the procedure will amount to 250 euros excluding VAT per domain name.

Before implementing the decision, AFNIC must allow each of the parties to refer the matter to the national jurisdictions or institute an Alternative Dispute Resolution procedure (ADR) as provided for under the provisions of the naming Charter.

The applications should be filed online and the case files analysed by AFNIC, which will provide substantiated decisions that it will publish on its website after having taken care to render anonymous the names of individuals.

2. Rules of dispute resolution procedure for obvious breaches of the decree provisions

This procedure applies to any individual or corporate entity in its capacity of applicant for or holder of a domain name.
It is essential that you familiarise yourself with the rules of this procedure: costs are not reimbursed regardless of the outcome of the procedure

Latest version in force: 30 March 2009

Download the rules, as a PDF file - 83Ko

3. Access to dispute resolution service

This space contains all of the forms needed for filing complaints, requests for extensions of time or replies to the domain name owner.
Creation of an account is requested for any use (as an applicant as well as a domain name owner).

Access to Dispute resolution service for obvious breaches of the decree provisions.

4. Decisions rendered by AFNIC in application of the decree

Decisions are only written in French.

Date of decision	File number	Domain name	Applicant's name / Holder's name	Decision to download
Décision du 16/09/08	FR00003	lcp.fr	La Chaîne Parlementaire / M. Amir M.
Décision du 16/09/08	FR00004	neoclean.fr	SA Technico Chimie Auto / M. Cédric D.
Décision du 29/09/08	FR00005	parispascher.fr	M. Alain R. / Sarl Kangaroo
Décision du 29/09/08	FR00007	parishabitat-oph.fr	Paris habitat OPH / M. Copernic M.
Décision du 29/09/08	FR00008	ameeti.fr	Iclicmédia / M. Teddy C.
Décision du 29/09/08	FR00010	airchina.fr	Air China / M. Richard L.

All decisions available on the Resolution Service website.