As from 11 June 2013, DNS-LU (Restena) will allow claimants to introduce a request to "freeze" a given .lu domain name, meaning that the domain name cannot be traded to someone else for an initial period of 1 year. This freezing period must allow the claimant and the holder of the domain name to resolve their dispute.
Upon formal request, the freezing period can be extended for an additional period of 6 months.
In order to obtain a .lu domain name freezing order, claimants must:
- present a credible case via a specific form that will be made available on www.dns.lu, whereby they have to provide sufficient evidence (documents written or translated in French, German or English) that they have rights pertaining to the contested domain name and/or that their rights have been infringed;
- have instigated "formal measures" vis-à-vis the present domain name holder, whereby a formal notice letter would already be sufficient.
When the dispute is resolved in the favour of the claimant, the latter must submit on its own initiative a formal request to have the domain name transfer completed. The transfer request will be checked and validated by DNS-LU on the basis of documents that duly evidence the resolution of the dispute in favour of the claimant.
When the contested domain name is cancelled during the freezing period and no dispute resolution has taken place, the domain name becomes available again for any interested party, without the claimant having a preferential registration right.
This new procedure is an important change to the traditional position of DNS-LU not to intervene in .lu domain name disputes. It remains to be seen how strict DNS-LU will be in assessing the merits of the case presented by the claimants, knowing that, under Luxembourg law, it is rather difficult to contest .lu domain name registrations, especially with respect to domain names that have not been activated yet. Furthermore, it is not clear yet whether the freezing procedure will also include a prohibition for the domain name holder to grant further licenses on the domain names.
The rules on the freezing procedure will be introduced in the new version of the DNS-LU Terms and conditions, which can be downloaded on the website www.dns.lu as from 11 June 2013