April 9, 2018

Under Article 4(2)(b) of the .eu Top Level Domain Names Regulation (733/2002/EC), the following are eligible to register .eu domain names: (i) undertakings having their registered office, central administration or principal place of business within the EU; (ii) organisations established within the EU (without prejudice to the application of national law); and (iii) natural persons resident within the EU.

As of the withdrawal date, the Notice states, undertakings and organisations that are established in the UK, but not in the EU and natural persons who reside in the UK will no longer be eligible to register .eu domain names or, if they are .eu registrants, to renew .eu domain names registered before the withdrawal date.

Accredited .eu Registrars will not be entitled to process any request for the registration of or for renewing registrations of .eu domain names by those undertakings, organisations and persons.

The Notice also states that where, as of the withdrawal date and as a result of the withdrawal of the UK, a holder of a domain name no longer fulfils the general eligibility criteria under Article 4(2)(b), the Registry for .eu will be entitled to revoke such domain name on its own initiative and without submitting the dispute to any extrajudicial settlement of conflicts.

According to Article 21(1) of Regulation (874/2004/EC), a registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or EU law and where the registered domain name was the subject of speculative and abusive registration.

As of the withdrawal date, the Notice states, rights recognised or established by the UK, but not by the EU-27 Member States or by the EU, can no longer be invoked in such procedures. By contrast, rights recognised by the Member States or by the EU arising from international instruments shall not be affected.

Under Article 5(1) of Regulation (874/2004/EC), agreements between the Registrar and the registrant of a .eu domain name cannot designate, as applicable law, a law other than the law of a EU Member State, nor can they designate a dispute-resolution body, unless selected by the .eu Top Level Domain Registry pursuant to Article 23 of that Regulation, nor an arbitration court or a court located outside the EU.

Should any such agreement designate as applicable law the law of the UK, the Notice advises the Registrar and registrant concerned to amend the relevant agreement accordingly so that it complies with Article 5(1) as of the withdrawal date. To read the Notice in full, click here.