alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007069EN.01001802.xml

| 24.3.2007 | EN | Official Journal of the European Union | C 69/18 |
| --- | --- | --- | --- |

24.3.2007

EN

Official Journal of the European Union

C 69/18

---

Judgment of the Court of First Instance of 31 January 2007 — Aldershoff v Commission

(Case T-236/05) (1)

1

(Career development report - 2003 appraisal procedure - Manifest error of assessment - Failure to state reasons - Right to be heard)

(2007/C 69/43)

Language of the case: French

Parties

Applicant: Willlem Aldershoff (Brussels, Belgium) (represented by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and M. Velardo, Agents)

Defendant:

Re:

Annulment of the applicant's career development report for the 2003 appraisal procedure.

Operative part of the judgment

The Court:

| 1. | Annuls the career development report of the applicant, Mr Willem Aldershoff, for the 2003 appraisal procedure. |
| --- | --- |

1.

Annuls the career development report of the applicant, Mr Willem Aldershoff, for the 2003 appraisal procedure.

| 2. | Orders the Commission to bear its own costs and to pay those of the applicant. |
| --- | --- |

2.

Orders the Commission to bear its own costs and to pay those of the applicant.

---

(1)  OJ C 205, 20.8.2005.

1

---
§ 276.9 Monitoring and reporting program performances. ( a ) Grantees shall constantly monitor the performance under grant-supported activities to assure that adequate progress is being made toward achieving the goals of the grant. This review shall be made for each program, function, or activity of each grant as set forth in the approved grant application.
( b ) Grantees shall submit a performance report for each grant which briefly presents the following for each program, function, or activity involved: ( 1 ) A comparison of actual accomplishments to the goals established for the period. Where the output of grant programs can be readily quantified, such quantitative data should be related to cost data for computation of unit costs.
( 2 ) Reasons for slippage in those cases were established goals were not met.
( 3 ) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.
( c ) Grantees shall submit the performance reports to the Bureau with the Financial Status Reports (prescribed in appendix B of this part) in the frequency established by appendix B. The Bureau shall prescribe the frequency with which the performance reports will be submitted with the Request for Advance or Reimbursement (prescribed in appendix B) when that form is used in lieu of the Financial Status Report. In no case shall the performance reports be required more frequently than quarterly or less frequently than annually.
( d ) Between the required performance reporting dates, events may occur which have significant impact upon the project or program. In such cases, the grantee shall inform the Bureau as soon as the following types of conditions become known: ( 1 ) Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accomplished by a statement of the action taken, or contemplated, and any Bureau assistance needed to resolve the situation.
( 2 ) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected.
( e ) If any performance review conducted by the grantee discloses the need for change in the budget estimates in accordance with the criteria established in § 276.14, the grantee shall submit a request for budget revision.
( f ) The bureau shall make site visits as frequently as practicable to: ( 1 ) Review program accomplishments and management control systems.
( 2 ) Provide such technical assistance as may be required, or requested.
### §4807. Time limit on agency consideration of completed applications

#### (a) In general

Each Federal banking agency shall take final action on any application to the agency before the end of the 1-year period beginning on the date on which a completed application is received by the agency.

#### (b) Waiver by applicant authorized

Any person submitting an application to a Federal banking agency may waive the applicability of subsection (a) with respect to such application at any time.

(Pub. L. 103–325, title III, §343, Sept. 23, 1994, 108 Stat. 2238.)
SERVED: JULY 27,2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MICHELLE KRAEMER 

DOCKET NO. FAA:-2015-2441 

(Civil Penalty Action) 

NOTICE OF ASSIGNMENT OF PROCEEDING 

This proceeding (heretofore designated as Case No. 20 15W A91 0066) has been assigned 

to Administrative Law Judge Richard C. Goodwin. All future pleadings and other 

communications regarding this proceeding shall be served on the Judge, the FAA Hearing 

Docket, and the other persons on the atta~~~?~--. ~~rvice List 

c_ 

Attachment - Service List 

Ronnie A. Yoder .• 

Chief Administrative Law Judg 
SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Brian J. Lawler, Respondent's Counsel 

PILOT LAW, P.C. 

1551 9TH Avenue 

San Diego, CA 92101 

TEL: 619-255-2398 

FAX: 619-231-4984 

Briana Martino, Complainant's Counsel 

Office of the Regional Counsel 

Great Lakes Region, AGL-7 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018 

TEL: 847-294-7313 

FAX: 847-294-7498 

ONE COPY 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (El1.:310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

DocketNo. FAA-2015-2441 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

2
# C_2007129EN.01001002.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 129/10 |
| --- | --- | --- | --- |

9.6.2007

EN

Official Journal of the European Union

C 129/10

---

Action brought on 3 April 2007 — Commission of the European Communities v Italian Republic

(Case C-190/07)

(2007/C 129/18)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: C. Cattabriga, agent)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

| — | declare that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/117/EC (1) of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries, or by failing in any event to communicate such provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 8 of that directive; |
| --- | --- |

—

declare that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/117/EC (1) of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries, or by failing in any event to communicate such provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 8 of that directive;

1

| — | order the Italian Republic to pay the costs. |
| --- | --- |

—

order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2004/117/EC expired on 1 October 2005.

---

(1)  OJ 2005 L 14, p. 18.

1

---
# C_2010221EN.01002801.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/28 |
| --- | --- | --- | --- |

14.8.2010

EN

Official Journal of the European Union

C 221/28

---

Reference for a preliminary ruling from the Tribunal administratif (Luxembourg) lodged on 10 June 2010 — Tankreederei I SA v Directeur de l’Administration des Contributions Directes

(Case C-287/10)

()

2010/C 221/44

Language of the case: French

Referring court

Referring court

Tribunal administratif

Parties to the main proceedings

Parties to the main proceedings

Applicant: Tankreederei I SA

Applicant:

Defendant: Directeur de l’Administration des Contributions Directes

Defendant:

Question referred

Question referred

Do Articles 49 EC and 56 EC preclude the provisions of the first paragraph of Article 152 bis of the amended Law of 4 December 1967 on income tax, insofar as, under those provisions, Luxembourg taxpayers are granted a tax credit for investments only if the investments are made in an establishment situated in the Grand-Duchy and are intended to remain there on a permanent basis, and only if they are physically used on Luxembourg territory?

---
### §549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction

(a) No lighthouse, beacon, public pier, or landmark, shall be built or erected on any site until cession of jurisdiction over the same has been made to the United States.

(b) For the purposes of subsection (a), a cession by a State of jurisdiction over a place selected as the site of a lighthouse, or other structure or work referred to in subsection (a), shall be deemed sufficient if the cession contains a reservation that process issued under authority of such State may continue to be served within such place.

(c) If no reservation of service described in subsection (b) is contained in a cession, all process may be served and executed within the place ceded, in the same manner as if no cession had been made.

(Added Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8509(b), Jan. 1, 2021, 134 Stat. 4756.)
Amendment to the Amended and Restated Non-Qualified Pension Plan




 EXHIBIT 10.35 
 AMENDMENT TO THE 
 AMENDED AND RESTATED 
 NON-QUALIFIED PENSION PLAN 
 FOR OUTSIDE DIRECTORS 
 OF 
 TIDEWATER INC. 
 WHEREAS, Tidewater Inc., a Delaware corporation (the “Company”), has in effect the Amended and Restated Non-Qualified Pension Plan for Outside
Directors most recently amended on February 1, 2007 (the “Plan”); 
 WHEREAS, the Board of Directors of the Company wishes to
further amend the Plan to permit a participant to make a change to a payout election under the transition rules applicable to Section 409A of the Internal Revenue Code, as amended. 
 NOW THEREFORE, the Plan is hereby amended to replace and supersede Section 5 of the amendment to the Plan dated November 2006 with the following:

 5. Payment Elections. 
 (a) As
permitted by the transition rules under Section 409A of the Internal Revenue Code of 1986, as amended (“Section 409A”), the Plan, as amended hereby, allows an Outside Director to make an election by December 31, 2008 to receive
his Pension benefit in a lump sum on the first business day of the calendar quarter following the date the Outside Director ceased to serve as a member of the Board of Directors; provided, however, that any such election shall not take effect for 12
months from the date such election is received by the Company. If an Outside Director makes an election to receive payment in a lump sum and leaves the Board within 12 months of making the lump sum election, the election will have no effect and
quarterly payments of benefits will be made. 
 (b) If an Outside Director makes an election to be paid out in a lump sum, the lump sum amount
shall be calculated by applying the Company’s Cost of Borrowed Funds as the present value discount rate. 
 (c) The Election Form shall
be in a form approved by the Plan Administrator. 
 Executed effective as of the 30
th day of January, 2008. 
  

			
	TIDEWATER INC.
		
	By:	 	 /s/ Bruce D. Lundstrom

		 	Bruce D. Lundstrom
		 	Senior Vice President,
		 	General Counsel, and Secretary
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

IN THE INTEREST OF: J.N.D.B., A MINOR

PETITION OF: S.B., GRANDMOTHER

:

:

:

:

:

No. 435 EAL 2021

Petition for Allowance of Appeal 

from the Order of the Superior Court

IN THE INTEREST OF: M.R.M., A MINOR

PETITION OF: S.B., GRANDMOTHER

:

:

:

:

:

No. 436 EAL 2021

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 23rd day of November, 2021, the Petition for Allowance of Appeal

is DENIED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-74,890]

                    In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on January 7, 2011, applicable to workers of Ohio Decorative Products, Inc., Spencerville, Ohio. The workers are engaged in employment related to the production of decorative metal products for appliances. The Notice was published in the                     **Federal Register**                     on January 26, 2011 (76 FR 4728).                

At the request of a petitioner, the Department reviewed the certification for workers of the subject firm. The subject firm reports that the workers leased from Custom Staffing were employed on-site at the Spencerville, Ohio location of Ohio Decorative Products, Inc. The Department has determined that these workers were sufficiently under the control of Ohio Decorative Products, Inc. to be considered leased workers.

Based on these findings, the Department is amending this certification to include workers leased from Custom Staffing working on-site at the Spencerville, Ohio location of Ohio Decorative Products, Inc.

The amended notice applicable to TA-W-74,890 is hereby issued as follows:

All workers of Ohio Decorative Products, Inc., including on-site leased workers from Custom Staffing, Spencerville, Ohio, who became totally or partially separated from employment on or after November 11, 2009, through January 7, 2013, and all workers in the group threatened with total or partial separation from employment on the date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended.

Signed at Washington, DC this 10th day of February, 2011.

 Del Min Amy Chen,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2011-4100 Filed 2-23-11; 8:45 am]

BILLING CODE 4510-FN-P
# C_2011089EN.01000702.xml

| 19.3.2011 | EN | Official Journal of the European Union | C 89/7 |
| --- | --- | --- | --- |

19.3.2011

EN

Official Journal of the European Union

C 89/7

---

Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 21 December 2010 — Football Dataco Limited, Football Association Premier League Ltd, Football League Limited, Scottish Premier League Limited, Scottish Football League, PA Sport UK Limited v Yahoo UK Limited, Stan James (Abingdon) Limited, Stan James PLC, Enetpulse APS

(Case C-604/10)

2011/C 89/14

Language of the case: English

Referring court

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Parties to the main proceedings

Applicants: Football Dataco Limited, Football Association Premier League Ltd, Football League Limited, Scottish Premier League Limited, Scottish Football League, PA Sport UK Limited

Applicants:

Defendants: Yahoo UK Limited, Stan James (Abingdon) Limited, Stan James PLC, Enetpulse APS

Defendants:

Questions referred

Questions referred

| 1. | In Article 3(1) of Directive 96/9/EC (1) on the legal protection of databases what is meant by ‘databases which, by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation’ and in particular:






  a) | should the intellectual effort and skill of creating data be excluded? |
| --- | --- | --- |

1.

In Article 3(1) of Directive 96/9/EC (1) on the legal protection of databases what is meant by ‘databases which, by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation’ and in particular:

1

a)

should the intellectual effort and skill of creating data be excluded?

| b) | does ‘selection or arrangement’ include adding important significance to a pre-existing item of data (as in fixing the date of a football match); |
| --- | --- |

b)

does ‘selection or arrangement’ include adding important significance to a pre-existing item of data (as in fixing the date of a football match);

| c) | does ‘author's own intellectual creation’ require more than significant labour and skill from the author, if so what? |
| --- | --- |

c)

does ‘author's own intellectual creation’ require more than significant labour and skill from the author, if so what?

| 2. | Does the Directive preclude national rights in the nature of copyright in databases other than those provided for by the Directive? |
| --- | --- |

2.

Does the Directive preclude national rights in the nature of copyright in databases other than those provided for by the Directive?

---

(1)  Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases

1

OJ L 77, p. 20

---
#### § 320.4 Access to and inspection of records, facilities and inventory; copying and sampling.

Representatives of the Secretary afforded access to a business specified in § 320.1 of this part (see § 300.6(b)(2) of this chapter) also must be afforded any necessary facilities (other than reproduction equipment) for the examination and copying of records and for the examination and sampling of inventory.

[69 FR 254, Jan. 5, 2004]
Amended and Restated Executive Bonus Plan.



 Exhibit 10.5 
 Central European Distribution Corporation 
 Executive Bonus Plan 
 The base aggregate cash bonus under the Company’s Executive Bonus Plan (the “Plan”) is $1,450,000 for the 2008 fiscal year; such aggregate amount will be
set on an annual basis in subsequent fiscal years. The payout of the aggregate cash bonus in the relevant fiscal year shall be as follows: 
  

	 	•	 	 In the event the Company’s earnings before net interest expense, net income tax, net other financial expense (income), depreciation and amortization
(“EBITDA”) for a given fiscal year is less than 80% of the target EBITDA for such fiscal year, which target EBITDA is to be set by the compensation committee of the board of directors (the “Target EBITDA”), no bonus will be paid
out to participants in the Plan for that fiscal year. 


  

	 	•	 	 In the event the Company’s EBITDA for a given fiscal year is 80% or more, but less than 90%, of the Target EBITDA for such fiscal year, 50% of the base
aggregate cash bonus for that fiscal year will be paid to participants in the Plan. 


  

	 	•	 	 In the event the Company’s EBITDA for a given fiscal year is 90% or more, but less than 100%, of the Target EBITDA for such fiscal year, 80% of the base
aggregate cash bonus for that fiscal year will be paid to participants in the Plan. 


  

	 	•	 	 In the event the Company’s EBITDA for a given fiscal year is 100% or more, but less than 110%, of the Target EBITDA for such fiscal year, 100% of the base
aggregate cash bonus for that fiscal year will be paid to participants in the Plan. 


  

	 	•	 	 In the event the Company’s EBITDA for a given fiscal year is 110% or more of the Target EBITDA for such fiscal year, 110% of the base aggregate cash bonus for
that fiscal year will be paid to participants in the Plan. 


 The aggregate cash bonus to be paid under the Plan for any given fiscal year
will be allocated among Mr. Carey, Mr. Evangelou, Mr. Biedermann and Mr. Archbold as follows: Mr. Carey will receive 47% of such aggregate cash bonus, Mr. Evangelou will receive 25% of such aggregate cash bonus,
Mr. Biedermann will receive 18% of such aggregate cash bonus and Mr. Archbold will receive 10% of such aggregate cash bonus.
### §2127. Recall to active duty during war or national emergency

In time of war or national emergency, the Secretary may order any regular officer on the retired list to active duty.

(Added Pub. L. 88–130, §1(10)(C), Sept. 24, 1963, 77 Stat. 189, §331; renumbered §2127, Pub. L. 115–282, title I, §112(b), Dec. 4, 2018, 132 Stat. 4216.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282 renumbered section 331 of this title as this section.

#### **Executive Documents**

#### Delegation of Authority

For delegation of authority under this section, as invoked by section 2 of Ex. Ord. No. 13223, Sept. 14, 2001, 66 F.R. 48201, to Secretary of Homeland Security when Coast Guard is not serving as part of Navy, see section 5 of Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.
§ 13.41 Stay pending appeal. ( a ) An Initial Decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the Authority Head.
( b ) No administrative stay is available following a final decision of the Authority Head.
**EXHIBIT 15.3**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the Registration Statements on Form S-8 (No. 333-229957 and No. 333-198578) and Form F-3 (No. 333-210795) of JD.com, Inc. of our report dated June 28, 2019 relating to the consolidated financial statements of Dada Nexus Limited, its subsidiaries, its variable interest entity (“VIE”) and VIE’s subsidiaries (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the restatement of previously issued financial statements), appearing in Exhibit 99.1 to the Annual Report on Form 20-F/A (Amendment No. 1) of JD.com, Inc. for the year ended December 31, 2018.

 
| /s/ Deloitte Touche   Tohmatsu Certified Public Accountants LLP |
|-----------------------------------------------------------------|
| Shanghai, the People’s   Republic of China                 |
| June 28, 2019                                              |

 

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