[update] Appellate Court has not issued an injunction against EPAG

[Ayden Férdeline]

Dear all,

There is an update on the German court case against EPAG.

By way of background, this suit sought to force EPAG to continue to collect the Admin-C and Tech-C fields of the Whois specification, something which is required by the Registrar Accreditation Agreement, but which EPAG argues would force it to breach the General Data Protection Regulation.

https://www.icann.org/news/announcement-2-2018-08-03-en#__prclt=DKSbiq62

> LOS ANGELES – 3 August 2018 – The Internet Corporation for Assigned Names and Numbers (“ICANN”) today announced that a German appeal court (Appellate Court of Cologne) has issued a decision on the injunction proceedings ICANN initiated against EPAG, a Germany-based, ICANN-accredited registrar that is part of the Tucows Group. The Appellate Court has determined that it would not issue an injunction against EPAG.
>
> In making its ruling, the Appellate Court stated that the interpretation of provisions of the GDPR was not material to its decision, so there was no obligation to refer the matter to the European Court of Justice.
>
> Rather, the Appellate Court simply found that it was not necessary for it to issue a preliminary injunction to avoid imminent and substantial disadvantages, and noted that ICANN could pursue its claims in the main proceedings in order to enforce the rights it asserts.
>
> ICANN is considering its next steps, including possible additional filings before the German courts, as part of its public interest role in coordinating a decentralized global WHOIS for the generic top-level domain system and will provide additional information in the coming days.

Best wishes,

Ayden
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