The Council of State nullifies the former judicial structure for domain names in .fr!

business-dreyfus-81-150x150On June 10 2013, the Council of State nullified the former judicial structure for domain names in .fr.

 

Four documents foundational to the policy of French domain name attribution have been annulled: legislation for alternative procedure in litigation resolution, known as “PREDEC” ruling; naming regulations for .fr from 2009-2011, as well as both the 2009 Order and Convention designating the Registration Office for .fr.

 

This important decision follows one made by the Constitutional Council (1) repealing article L45 of the Code of electronic posts and communications, judged to be in breach of Constitution. The aforementioned article has no longer been in force since July 1st 2011, but since the European Commission had never been notified, the Council of State decided to nullify.

 

The current judicial framework is not affected by this decision, but the AFNIC (2) “is soon to examine the medium-term consequences” and “intends to continue on a daily basis to fulfill its mandate at the service of French internet users, title holders and registration offices for .fr, in accordance with its mission and, henceforward, the demands of ongoing service to the public.

 

The AFNIC, which is the register for domain names in .fr (France), .re (the Reunion Islands), .yt (Mayotte), .wf (Wallis and Futuna), .tf (Southern and Antarctic territories), and .pm (Saint-Pierre et Miquelon) is currently subject to a new domain name charter which took effect on March 15 2013.

                                                                                                                     

(1) http://www.conseil-constitutionnel.fr/conseil-constitutionnel/francais/les-decisions/acces-par-date/decisions-depuis-1959/2010/2010-45-qpc/decision-n-2010-45-qpc-du-06-octobre-2010.49663.html
(2) French Association for cooperation with Internet domain names