WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION RELATED TO THE REQUEST TO CHANGE THE LANGUAGE OF THE ADR PROCEEDING
GEA Group Aktiengesellschaft v. Jacek Bernad, JACK-TRANS Jacek Bernad
Case No. DEUL2020-0003
1. The Parties
The Complainant is GEA Group Aktiengesellschaft, Germany, represented by Bardehle Pagenberg, Germany.
The Respondent is Jacek Bernad, JACK-TRANS Jacek Bernad, Poland.
2. The Domain Name, Registry and Registrar
The disputed domain name is <geacompany.eu>.
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 home.pl S.A.
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 August 13, 2020. On August 13, 2020, the Center transmitted by email to the Registry a request for registrar verification in connection with the disputed domain name. On August 18, 2020, 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 September 3, 2020 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 September 7, 2020.
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 September 7, 2020. In accordance with the ADR Rules, Paragraph A(3)(b)(4), the due date for Response was September 19, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 28, 2020.
The Center appointed Louis-Bernard Buchman as the sole panelist in this matter on October 8, 2020 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 Complainant is a company incorporated in Germany and is one of the largest technology suppliers for food processing and a wide range of other industries.
The Respondent is apparently an individual located in Poland.
The disputed domain name was registered on June 24, 2020. According to Annex 2 of the Complaint, the disputed domain name resolves to a website in English.
The Registrar confirmed that the language of the registration agreement of the disputed domain name is Polish.
5. Parties’ Contentions
(i) The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. Furthermore, the Complainant contends that the Respondent has never had any affiliation with the Complainant.
(ii) The Complainant submits that the Respondent has registered the disputed domain name in bad faith and that, by mirroring its website and sending e-mails for phishing purposes, the Respondent is using the disputed domain name in bad faith.
(iii) The Complainant contends that since it is unable to communicate in Polish, requiring it to submit its Complaint and documents in Polish would cause delays and unfairly force it to bear translation costs.
(iv) The Complainant submits that the website to which the disputed domain name redirects is in English, and contends that the Respondent understands and is able to communicate in English.
(v) The Complainant requests that the language of the ADR proceeding be changed to English.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
The Registrar having confirmed that the language of the registration agreement of the disputed domain name is Polish, the Complainant duly filed a formal request that the language of the proceeding be changed to English.
The Respondent failed to comment on or object to this request, despite the Center’s invitation to do so, expressed in Polish as well as in English, such invitation having been sent to the Respondent on September 7, 2020.
Pursuant to 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.”
The Respondent having failed to agree to the change of language requested by the Complainant, the Panel has consequently the discretion to decide that the language of the ADR proceeding shall be other than that of the registration agreement, as requested in writing by the Complainant, provided that the Panel exercises with fairness its discretion, treating each party equally and taking into account all relevant circumstances, such as the parties’ ability to understand and use the proposed language, time and costs.
In the light of the above circumstances, and having to ensure that the ADR proceeding takes place with due expedition, the Panel, who is conversant in both English and Polish, determines pursuant to Paragraph A(3)(a) of the ADR Rules that the appropriate language of the proceeding is English.
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.
This Panel’s decision shall be final and not subject to appeal.
Date: October 20, 2020