ARBITRATION AND MEDIATION CENTER ADMINISTRATIVE PANEL DECISION RELATED TO THE REQUEST TO CHANGE THE LANGUAGE OF THE ADR PROCEEDING Banca Monte dei Paschi di Siena S.p.A. v. Domain Manager, Evolution Media e.U. Case No. DEUL2023-0009 1. The Parties The Complainant is Banca Monte dei Paschi di Siena S.p.A., Italy, represented by Rapisardi Intellectual Property, Italy. The Respondent is Domain Manager, Evolution Media e.U., Austria. 2. The Domain Name, Registry and Registrar The disputed domain name is . The Registry of the disputed domain name is the European Registry for Internet Domains (“EURid” or the “Registry”. The Registrar of the disputed domain name is CRegISP Ltd. 3. Procedural History The Request to Change the Language of the ADR Proceeding (the “Request”) was filed in English with the WIPO Arbitration and Mediation Center (the “Center”) pursuant to the .eu Alternative Dispute Resolution Rules (the “ADR Rules”), Paragraph A(3)(b), on December 28, 2023. On December 28, 2023, the Center transmitted by email to the Registry a request for registrar verification in connection with the disputed domain name. On January 8, 2024, the Registry transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Request. The Center sent an email communication to the Complainant on January 8, 2024, providing the registrant and contact information disclosed by the Registry, and inviting the Complainant to submit an amendment to the Request. The Complainant filed an amendment to the Request on January 9, 2024. In accordance with the ADR Rules, Paragraph A(3)(b)(3), the Center formally notified the Respondent of the Request, and the proceedings commenced on January 10, 2024. In accordance with the ADR Rules, Paragraph A(3)(b)(4), the due date for Response was January 22, 2024. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on January 23, 2024.
page 2 The Center appointed Benoit Van Asbroeck as the sole panelist in this matter on January 25, 2024 in accordance with the ADR Rules, Paragraph A(3)(b)(4). The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the ADR Rules, Paragraph B(5). 4. Factual Background The disputed domain name was registered on July 11, 2019. The language of the registration agreement of the disputed domain name is Dutch. 5. Parties’ Contentions A. Complainant The Complainant requests that the language of the ADR Proceeding is changed from Dutch to English and presents several circumstances that they claim justify this. These circumstances are: - the website “www.trusted.evo-media.eu/mps.eu” to which the disputed domain name currently resolves is entirely in English. Therefore, the Complainant contends, the Respondent must be well acquainted with the English language; - the Registrar is a United Kingdom (“UK”) based company and its website – which the Respondent must have visited before subscribing the registration agreement - is entirely in English (“www.cregisp.com/index.php”); - English is the most widely spoken language in the world, in business and on the web in particular: it is no coincidence, the Complainant contends, that even the Respondent’s company name (Evolution Media) and email consist of English words; - The billing contact of the Respondent is an organization based in the UK (the Registrar). The Complainant added that they would also accept the proceeding to be in English for the Complainant and in Dutch for the Respondent. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings In accordance with Paragraph A(3)(a) of the ADR Rules, “unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the ADR Proceeding shall be the language of the Registration Agreement for the disputed domain name. In the absence of an agreement between the Parties, the Panel may in its sole discretion, having regard to the circumstances of the ADR Proceeding, decide on the written request of a Complainant that the language of the ADR Proceeding will be different than the language of the Registration Agreement for the disputed domain name.” In accordance with Paragraph B(7)(b) and (c) of the ADR Rules, the Panel shall ensure on the one hand that the Parties are treated fairly and with equality, and shall ensure, on the other hand, that the ADR Proceeding takes place with due expedition. The Panel considers the following circumstances provided by the Complainant to be relevant: - the website to which the disputed domain name resolves is entirely in English;
page 3 - the Registrar is a UK based company and its website, which the Respondent must have visited in order to register the disputed domain name, is entirely in English and, as the Panel has confirmed, has no other language options; - the Respondent’s company name (Evolution Media) and email address consist exclusively of English words. - the Respondent did not object for English to be the language of the proceeding. In the present case, the Panel is therefore satisfied that the Respondent has knowledge of the English language so that proceeding in English is fair and equal for the Complainant and the Respondent. 7. Decision For the foregoing reasons, in accordance with Paragraph A(3)(b)(6) of the ADR Rules, the Panel orders that the language of the ADR proceeding shall be English and any future submission by the Parties (including the submission of a new Complaint) regarding the disputed domain name shall be made in the language of the ADR Proceeding in accordance with paragraph A(3)(c) of the ADR Rules. This Panel’s decision shall be final and not subject to appeal. /Benoit Van Asbroeck/ Benoit Van Asbroeck Sole Panelist Date: February 6, 2024
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