alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006190EN.01001201.xml

| 12.8.2006 | EN | Official Journal of the European Union | C 190/12 |
| --- | --- | --- | --- |

12.8.2006

EN

Official Journal of the European Union

C 190/12

---

Action brought on 16 June 2006 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-264/06)

(2006/C 190/20)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: D. Maidani and R. Vidal Puig, Agents)

Applicant:

Defendant: Grand Duchy of Luxembourg

Defendant:

Form of order sought

The Commission claims that the Court should:

| — | declare that, by not laying down sanctions for infringements of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (1), the Grand Duchy of Luxembourg has failed to fulfil its obligation under Article 16(3) of that regulation; |
| --- | --- |

—

declare that, by not laying down sanctions for infringements of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 (1), the Grand Duchy of Luxembourg has failed to fulfil its obligation under Article 16(3) of that regulation;

1

| — | order the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

—

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

Article 16(3) of Regulation (EC) No 261/2004 provides: ‘The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive’. Under Article 19, the regulation entered into force on 17 February 2005. According to the information available to the Commission, the Grand Duchy of Luxembourg has not yet met the obligation to lay down sanctions, in the event of infringement of the regulation, which are effective, proportionate and dissuasive.

---

(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).

1

---
Exhibit 32.2

In connection with the Quarterly Report of OMI Corporation (the "Company") on Form 10-Q for the period ending September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Kathleen C. Haines, Senior Vice President, Chief Financial
Officer and Treasurer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

| | 1) | The Report fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                              
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2) | The information contained in the Report fairly presents,
in all material respects, the financial condition and result of operations of
the Company.
|



|Date: | November 9, 2005 | By:                     | /s/ Kathleen C. Haines
|----- | ---------------- | ----------------------- | ----------------------
|      |                  |                         |                       
|      |                  | Kathleen C. Haines     
|      |                  | Senior Vice President, 
|      |                  | Chief Financial Officer
|      |                  | and Treasurer          

A signed original of this statement required by Section 906 has been provided to OMI Corporation and will be retained by OMI Corporation and furnished to the Securities and Exchange Commission or its Staff upon
request.

---
# C_2006187EN.01000101.xml

| 10.8.2006 | EN | Official Journal of the European Union | C 187/1 |
| --- | --- | --- | --- |

10.8.2006

EN

Official Journal of the European Union

C 187/1

---

Euro exchange rates (1)

1

9 August 2006

(2006/C 187/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2879 |
| JPY | Japanese yen | 148,17 |
| DKK | Danish krone | 7,4606 |
| GBP | Pound sterling | 0,67530 |
| SEK | Swedish krona | 9,1655 |
| CHF | Swiss franc | 1,5754 |
| ISK | Iceland króna | 90,91 |
| NOK | Norwegian krone | 7,9450 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5760 |
| CZK | Czech koruna | 28,093 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 269,58 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6960 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8679 |
| RON | Romanian leu | 3,5138 |
| SIT | Slovenian tolar | 239,67 |
| SKK | Slovak koruna | 37,355 |
| TRY | Turkish lira | 1,8720 |
| AUD | Australian dollar | 1,6846 |
| CAD | Canadian dollar | 1,4420 |
| HKD | Hong Kong dollar | 10,0163 |
| NZD | New Zealand dollar | 2,0449 |
| SGD | Singapore dollar | 2,0252 |
| KRW | South Korean won | 1 235,68 |
| ZAR | South African rand | 8,6907 |
| CNY | Chinese yuan renminbi | 10,2738 |
| HRK | Croatian kuna | 7,2802 |
| IDR | Indonesian rupiah | 11 707,01 |
| MYR | Malaysian ringgit | 4,718 |
| PHP | Philippine peso | 66,134 |
| RUB | Russian rouble | 34,3690 |
| THB | Thai baht | 48,393 |

Currency

Exchange rate

USD

US dollar

1,2879

JPY

Japanese yen

148,17

DKK

Danish krone

7,4606

GBP

Pound sterling

0,67530

SEK

Swedish krona

9,1655

CHF

Swiss franc

1,5754

ISK

Iceland króna

90,91

NOK

Norwegian krone

7,9450

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5760

CZK

Czech koruna

28,093

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

269,58

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6960

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8679

RON

Romanian leu

3,5138

SIT

Slovenian tolar

239,67

SKK

Slovak koruna

37,355

TRY

Turkish lira

1,8720

AUD

Australian dollar

1,6846

CAD

Canadian dollar

1,4420

HKD

Hong Kong dollar

10,0163

NZD

New Zealand dollar

2,0449

SGD

Singapore dollar

2,0252

KRW

South Korean won

1 235,68

ZAR

South African rand

8,6907

CNY

Chinese yuan renminbi

10,2738

HRK

Croatian kuna

7,2802

IDR

Indonesian rupiah

11 707,01

MYR

Malaysian ringgit

4,718

PHP

Philippine peso

66,134

RUB

Russian rouble

34,3690

THB

Thai baht

48,393

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
# C_2006178EN.01003002.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/30 |
| --- | --- | --- | --- |

29.7.2006

EN

Official Journal of the European Union

C 178/30

---

Order of the President of the Court of 27 April 2006 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-21/06) (1)

1

(2006/C 178/55)

Language of the case: French

Language of the case: French

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 60, 11.3.2006.

1

---
§ 273.112 Who is an eligible Indian student under the Johnson-O'Malley Act? An Indian student is eligible for benefits provided by a Johnson O'Malley contract if the student is: ( a ) From age three (3) years through grade(s) twelve (12);
( b ) Not enrolled in a Bureau-funded school or sectarian school (except the student is eligible if enrolled in a previously private school controlled by an Indian Tribe or Tribal organization); and
( c ) Is either: ( 1 ) At least one-fourth (1 ⁄ 4) degree Indian blood descendant of a member of an Indian Tribe as defined in § 273.106; or
( 2 ) A member of an Indian Tribe as defined in § 273.106.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 291 Reported in House (RH)]

                                                 House Calendar No. 111
106th CONGRESS
  1st Session
H. RES. 291

                          [Report No. 106-322]

Waiving points of order against the conference report to accompany the 
bill (H.R. 2490) making appropriations for the Treasury Department, the 
 United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
                   30, 2000, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 1999

   Mr. Sessions, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION

 
Waiving points of order against the conference report to accompany the 
bill (H.R. 2490) making appropriations for the Treasury Department, the 
 United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
                   30, 2000, and for other purposes.

    Resolved, that upon adoption of this resolution it shall be in 
order to consider the conference report to accompany the bill (H.R. 
2490) making appropriations for the Treasury Department, the United 
States Postal Service, the Executive Office of the President, and 
certain Independent Agencies, for the fiscal year ending September 30, 
2000, and for other purposes. All points of order against the 
conference report and against its consideration are waived. The 
conference report shall be considered as read.
                                     

                                                 House Calendar No. 111

106th CONGRESS

  1st Session

                              H. RES. 291

                          [Report No. 106-322]

_______________________________________________________________________

                               RESOLUTION

Waiving points of order against the conference report to accompany the 
bill (H.R. 2490) making appropriations for the Treasury Department, the 
 United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
                   30, 2000, and for other purposes.

_______________________________________________________________________

                           September 14, 1999

        Referred to the House Calendar and ordered to be printed
```
###### Editorial Note on Part 224

#### Editorial Note:

Nomenclature changes to part 224 appear at 84 FR 69611, Dec. 18, 2019.

#### § 224.107 What must a petitioner do before filing a petition with the Secretary?

Before a petitioner may file a petition with the Secretary under this subpart, the petitioner must have exhausted all tribal remedies by participating in any tribal process under § 224.106, and available under the laws, regulations, or procedures of the Tribe, including any tribal appeal process.

[84 FR 69613, Dec. 18, 2019]
#### § 39.211 What other categories of students can a school count for membership purposes?

A school can count other categories of students for membership purposes as shown in the following table.

| Type of
student | Circumstances under which student can be included in the school's membership |
| --- | --- |
| (a) Homebound | (1) The student is temporarily confined to the home for some or all of the school day for medical, family emergency, or other reasons required by law or regulation;
(2) The student is being provided by the school with at least 5 documented contact hours each week of academic services by certified educational personnel; and
(3) Appropriate documentations is on file at the school. |
| (b) Located in an institutional setting outside of the school | The school is either:
(1) Paying for the student to receive educational services from the facility; or
(2) Providing educational services by certified school staff for at least 5 documented contact hours each week. |
| (c) Taking college courses during the school day | The student is both:
(1) Concurrently enrolled in, and receiving credits for both the school's courses and college courses; and
(2) In physical attendance at the school at least 3 documented contact hours per day. |
| (d) Taking distance learning courses | The student is both:
(1) Receiving high school credit for grades; and
(2) In physical attendance at the school at least 3 documented contact hours per day. |
| (e) Taking internet courses | The student is both:
(1) Receiving high school credit for grades; and
(2) Taking the courses at the school site under a teacher's supervision. |
##### 



Exhibit 31.2 CERTIFICATIONS PURSUANT TO
SECTION 302 OF
THE SARBANES-OXLEY ACT OF 2002 I, Edward L. Pierce, certify that: 1.     I
have reviewed this Quarterly Report on Form 10-Q/A, Amendment
No. 1 of BindView Development
Corporation; 2.     Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report; 3.     Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition, results
of operations and cash flows of the registrant as of, and for, the periods presented in this
report; 4.     The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have: (a)     Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by others
within those entities, particularly during the period in which this report is being prepared; (b)     Evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of the period covered by this report based on such evaluation; and (c)     Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially affected,
or is reasonably likely to materially affect, the registrants internal control over financial
reporting; and 5.     The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the audit
committee of the registrants board of directors (or persons performing the equivalent functions): (a)     All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and (b)     Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial reporting. Date: December 20, 2004 /s/ EDWARD L. PIERCE

Edward L. Pierce
Director, Executive Vice President and
Chief Financial Officer
----

Action brought on 18 August 2006 — Hipp & Co v OHMI — Laboratorios Ordesa (BEBIMIL)

(Case T-221/06)

(2006/C 237/24)

Language in which the application was lodged: English

Parties

Applicant: Hipp & Co (Kommanditgesellschaft) (Sachseln, Switzerland) (represented by: M. Kinkeldey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Laboratorios Ordesa S.L. (Sant Boi de Llobregat, Spain)

Form of order sought

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant.

Community trade mark concerned: The community word mark ‘BEBIMIL’ for goods in classes 5, 29, 30 and 32.

Proprietor of the mark or sign cited in the opposition proceedings: Laboratorios Ordesa S.L.

Mark or sign cited: Community and national word mark ‘BLEMIL’ for goods in classes 5 and 29, 6 and 32 respectively.

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94. In support of his claims, the applicant puts forward the dissimilarity of the two marks with regards to the relevant consumer circles, as well as the phonetic, visual and conceptual differences between the earlier mark and the contested one.

----
**EXHIBIT 31.2**
**CERTIFICATION**
I, Jonathan H. Downing, certify that:
     1.     I have reviewed this quarterly report on Form 10-Q of UCBH Holdings,Inc.;
     2.     Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
     3.     Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
     4.     The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:
               a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;
               b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures as of the end of the period coveredby this report based on such evaluation; and
               c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
     5.     The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, tothe registrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):
               a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
               b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.     Date:  November 14, 2003 /s/  Jonathan H. Downing    Jonathan H. Downing    Executive Vice President and    Chief Financial Officer
[Federal Register Volume 76, Number 39 (Monday, February 28, 2011)]
[Notices]
[Page 10938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4303]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice To Rescind a Notice of Intent To Prepare an Environmental 
Impact Statement: King County, WA

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice to rescind a Notice of Intent to prepare an 
Environmental Impact Statement.

-----------------------------------------------------------------------

SUMMARY: The FHWA is issuing this notice to advise the public that we 
are rescinding the Notice of Intent (NOI) to prepare an Environmental 
Impact Statement (EIS) for improvements that were proposed for Forest 
Road 56 in King County, Washington northeast of the city of North Bend. 
The NOI was published in the Federal Register on April 27, 2001. This 
rescission is based on a reduction in the scope of the project.

FOR FURTHER INFORMATION CONTACT: Michael Traffalis, Project Manager, 
FHWA, Western Federal Lands Highway Division, 610 East Fifth Street, 
Vancouver, Washington 98611, Telephone: (360) 619-7700.

SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the United 
States Forest Service and King County, is rescinding the NOI to prepare 
an EIS for a project that had been proposed to improve Forest Road 56, 
Middle Fork Snoqualmie River Road, in King County, Washington. The NOI 
is being rescinded because the scope of the project has been reduced 
from the 2001 proposal to examine new alignments and wider road widths 
up to 32 feet. Due to potential environmental impacts associated with 
new alignments and wider widths, as well as funding constraints, the 
currently proposed project would reconstruct the road and associated 
features along its current alignment to a consistent width of 20 feet. 
The currently proposed project extends approximately 9.7 miles from 
milepost 2.7, just past the couplet portion of the route, to the Middle 
Fork Campground at approximately milepost 12.4, within the Mt. Baker-
Snoqualmie National Forest.
    Given the reduction in scope and the associated potential impacts 
of the proposed action, FHWA intends to prepare an Environmental 
Assessment to determine if the project has the potential to 
significantly affect the quality of the human environment.

    Authority: 23 U.S.C. 315; 49 CFR 1.48.

    Dated: February 17, 2011.
Clara H. Conner,
Division Engineer, Western Federal Lands Highway Division, FHWA.
[FR Doc. 2011-4303 Filed 2-25-11; 8:45 am]
BILLING CODE 4910-22-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1155
FEDERAL KEMPER LIFE ASSURANCE COMPANY, Plaintiff - Appellee, and KAREN ANN LEIMBACH, Defendant - Appellee,
versus DEAN SCOTT FINGLASS, Defendant - Appellant, and CARON BETH FINGLASS, Defendant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-03-81-AMD) Submitted: May 5, 2004 Decided: May 17, 2004 Before WIDENER, WILLIAMS, and SHEDD, Circuit Judges.- 2 - Affirmed by unpublished per curiam opinion. Dean Scott Finglass, Appellant Pro Se. Rob Ross Hendrickson, BOYD, BENSON & HENDRICKSON, Baltimore, Maryland, for Appellee Leimbach. Bryan David Bolton, Hisham M. Amin, FUNK & BOLTON, P.A., Baltimore, Maryland, for Appellee Federal Kemper Life Assurance Company. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 3 - PER CURIAM: Dean Scott Finglass appeals the district court’s order and judgment of interpleader granting Karen Ann Leimbach’s motion for summary judgment. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. SeeFederal Kemper Life Assurance Co. v. Finglass , No. CA-03-81-AMD (D. Md. Jan. 20, 2004). We grant Finglass’s motion to proceed in forma pauperis on appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED