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Spain: Domain Names and The Music of Chance.
The "Comisión Nacional de los Mercados y de la
Competencia" (sitting as the Spanish National Authority regulating the Markets
and Competition), otherwise known as "CNMC", is the brand new public
entity that agglutinates the former separated Market and Competition
Commissions. It will operate publicly on 7 October 2013. Among the other issues
that the CNMC had to tackle before being on air, it was the registration of the
domain name cnmc under the .es country code TLD.
And that was not an easy task. On 23 February 2013, a day before the
legislative project bill of CNMC reached the Ministry Board, someone requested
the domain name cnmc.es. As the portal www.cnmc.es informed, the holder was
keen on "running", "swimming", "mountains", and "cycling"
(in that order) which, coincidentally, had the same capital letters in Spanish than
the National Markets and Competition authority (CNMC): "[C]orrer, [N]adar,
[M]ontaña y [C]iclismo.
The national entity for .es cc-TLD, Red.es, has recently ordered, based on the general interest on which the domains are expected to be managed (Orden ITC/1542/2005), that the domain name cnmc.es should be reassigned in the name of the CNMC. Red.es insists in that this is not an expropriation, as the domain name is not a property. Rather, it is a regulated process that operates exceptionally whenever a domain name is declared of public interest. Has the previous owner the right to contest? Indeed. The owner, previous to such a decision, has 10 days to submit observations in respect to why the individual reasons to hold the domain name should prevail against the "general interest". In this case, as in the previous one in the history of cc-TLD under .es (domain name "sareb.es", the finance entity dealing with the toxic financial products from the Spanish banks), the owner did not convince the domain names national authority, who reimbursed the administrative costs of the original registration and passed the domain name on to the CNMC.
The owner has the option to appeal before the Administrative Courts or, in the case at issue, to simply change the order to his hobbies.
Posted by: Fidel Porcuna @ 09.30Tags: domain names CNMC expropriation,
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