Before: Arbitrator SebastianKueppers (A), Respondent: Christian S (R), Claimant: MarcusMängel (C), Case: a20121117.1

History Log

Original Dispute, Discovery (Private Part)

EOT Private Part


intermediate Ruling

In arbitration case a20121117.1 between CAcert, represented by Marcus Mängel (claimaint) and Christian S. (respondent) I come to the following intermediate ruling:

As there is neither any documented acceptance of the CCA recorded in the CAcert system nor can an acceptance of the CCA be presumed out of the assurances received we have to assume that the respondent never actively accepted the CCA. Given this assumption and rating the respondents inducement I cannot see the respondents intention to willfully violate the CCA or otherwise harm CAcert.

In re "violating CCA" this case is rejected.

Respondent is to be asked to withdraw external dispute and shall be informed on CCA and the proceedings. (This will be done by Arbitrator)

In re "external dispute" this case is deferred until response from resopndant is received. Intermediate action: Inform external dispute settlement body (PayPal) that clarification is ongoing.

This intermediate ruling does NOT affect the fact that the respondent, if he decides to recover his or create a new account, needs to accept the CCA in some step, but this is out of focus of this case.



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