alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006165EN.01000802.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/8 |
| --- | --- | --- | --- |

15.7.2006

EN

Official Journal of the European Union

C 165/8

---

Judgment of the Court (Second Chamber) of 4 May 2006 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Massachusetts Institute of Technology

(Case C-431/04) (1)

1

(Patent law - Medicinal products - Regulation (EEC) No 1768/92 - Supplementary protection certificate for medicinal products - Concept of ‘combination of active ingredients’)

(2006/C 165/14)

Language of the case: German

Referring court

Bundesgerichtshof (Germany)

Parties to the main proceedings

Applicant: Massachusetts Institute of Technology

Applicant:

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 1(b) of Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ 1992 L 182, p. 1) — Concept of ‘combination of active ingredients of a medicinal product’ — Medicinal product composed of an active ingredient and an excipient, which constitutes a necessary form of administration of the active ingredient in order to avoid toxic effect

Operative part of the judgment

Article 1(b) of Council Regulation No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products, in the version resulting from the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, must be interpreted so as not to include in the concept of ‘combination of active ingredients of a medicinal product’ a combination of two substances, only one of which has therapeutic effects of its own for a specific indication, the other rendering possible a pharmaceutical form of the medicinal product which is necessary for the therapeutic efficacy of the first substance for that indication.

---

(1)  OJ C 300, 4.12.2004.

1

---
### §3753. Applicability

Single family mortgages encumbering real estate located in any State may be foreclosed by the Secretary in accordance with this chapter, or pursuant to other foreclosure procedures available, at the option of the Secretary.

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

#### **Editorial Notes**

#### Codification

Section is based on section 804 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.
### **CHAPTER 104—SPORTS AGENT RESPONSIBILITY AND TRUST**

Sec.
7801.
Definitions.
7802.
Regulation of unfair and deceptive acts and practices in connection with the contact between an athlete agent and a student athlete.
7803.
Enforcement.
7804.
Actions by States.
7805.
Protection of educational institution.
7806.
Limitation.
7807.
Sense of Congress.
### §1056. Disclaimer of unregistrable matter

#### (a) Compulsory and voluntary disclaimers

The Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered.

#### (b) Prejudice of rights

No disclaimer, including those made under subsection (e) of section 1057 of this title, shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or his right of registration on another application if the disclaimed matter be or shall have become distinctive of his goods or services.

(July 5, 1946, ch. 540, title I, §6, 60 Stat. 429; Pub. L. 87–772, §3, Oct. 9, 1962, 76 Stat. 769; Pub. L. 100–667, title I, §108, Nov. 16, 1988, 102 Stat. 3938; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)

#### **Editorial Notes**

#### Amendments

1999—Subsec. (a). Pub. L. 106–113 substituted "Director" for "Commissioner".

1988—Subsec. (b). Pub. L. 100–667 substituted "subsection (e)" for "paragraph (d)".

1962—Pub. L. 87–772, among other changes, provided that an applicant may voluntarily disclaim a component of a mark sought to be registered.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

#### Effective Date of 1988 Amendment

Amendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title.

#### Repeal and Effect on Existing Rights

Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
EXHIBIT 21

SUBSIDIARIES OF THE COMPANY

CenterPoint Properties Trust, a Maryland REIT

CenterPoint 1001 Busse, LLC, an Illinois limited liability
CenterPoint CMC Holdings, LLC, a Delaware limited liability company
CenterPoint Industrial, LLC, an Illinois limited liability company
CenterPoint Intermodal Holdings, LLC, a Delaware limited liability company
CenterPoint Intermodal, LLC, and Illinois limited liability company
CenterPoint O'Hare L.L.C., an Illinois limited liability company
CenterPoint Properties, L.L.C., a Delaware limited liability company
CenterPoint Rail Properties, LLC, and Illinois limited liability company
CenterPoint, LLC, an Illinois limited liability company
Chicago Manufacturing Campus, LLC, a Delaware limited liability company
CIPM, LLC, an Illinois limited liability company
CMC Land Holding Company, LLC, a Delaware limited liability company
CP Financing Corporation II, an Illinois corporation
CP Financing Trust, a Maryland real estate investment trust
East Chicago Partners, L.P., an Indiana limited partnership
Elk Grove Limited Partnership, an Illinois limited partnership
Great Lakes Industrial Partners, L.P., an Indiana limited partnership
O'Hare Tech Center II, LLC, an Illinois limited liability company
Rail Venture, LLC, a Delaware limited liability company
The Edge Venture, an Illinois general partnership

CenterPoint Realty Services Corporation, an Illinois corporation

CenterPoint Capital Funding, L.L.C., an Illinois limited liability company
CenterPoint Development Corporation, an Illinois corporation
CenterPoint Equipment Capital Corporation, an Illinois corporation
CenterPoint Materials Corporation, an Illinois corporation
CenterPoint Realty Management Corporation, an Illinois corporation
CenterPoint Resources Corporation, an Illinois corporation
CenterPoint Venture, L.L.C, a Delaware limited liability company
CP Realty Management Co. I, an Illinois corporation

F-44

---

QuickLinks
# C_2006224EN.01000901.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/9 |
| --- | --- | --- | --- |

16.9.2006

EN

Official Journal of the European Union

C 224/9

---

Judgment of the Court (Grand Chamber) of 11 July 2006 (reference for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid — Spain) — Sonia Chacón Navas v Eurest Colectividades SA

(Case C-13/05) (1)

1

(Directive 2000/78/EC - Equal treatment in employment and occupation - Concept of disability)

(2006/C 224/15)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 33 de Madrid

Parties to the main proceedings

Applicant: Sonia Chacón Navas

Applicant:

Defendant: Eurest Colectividades SA

Defendant:

Re:

Interpretation of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16) — Scope — Dismissal on grounds of sickness — Sickness and disability.

Operative part of the judgment

| 1. | A person who has been dismissed by his employer solely on account of sickness does not fall within the general framework laid down for combating discrimination on grounds of disability by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. |
| --- | --- |

1.

A person who has been dismissed by his employer solely on account of sickness does not fall within the general framework laid down for combating discrimination on grounds of disability by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

| 2. | The prohibition, as regards dismissal, of discrimination on grounds of disability contained in Articles 2(1) and 3(1)(c) of Directive 2000/78 precludes dismissal on grounds of disability which, in the light of the obligation to provide reasonable accommodation for people with disabilities, is not justified by the fact that the person concerned is not competent, capable and available to perform the essential functions of his post. |
| --- | --- |

2.

The prohibition, as regards dismissal, of discrimination on grounds of disability contained in Articles 2(1) and 3(1)(c) of Directive 2000/78 precludes dismissal on grounds of disability which, in the light of the obligation to provide reasonable accommodation for people with disabilities, is not justified by the fact that the person concerned is not competent, capable and available to perform the essential functions of his post.

| 3. | Sickness cannot as such be regarded as a ground in addition to those in relation to which Directive 2000/78 prohibits discrimination. |
| --- | --- |

3.

Sickness cannot as such be regarded as a ground in addition to those in relation to which Directive 2000/78 prohibits discrimination.

---

(1)  OJ C 69, 19.3.2005.

1

---
#### § 27.125 Severability.

If a court finds any portion of this part to have been promulgated without proper authority, the remainder of this part will remain in full effect.
# C_2010346EN.01002601.xml

| 18.12.2010 | EN | Official Journal of the European Union | C 346/26 |
| --- | --- | --- | --- |

18.12.2010

EN

Official Journal of the European Union

C 346/26

---

Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Sezione Terza (Italy) lodged on 5 July 2010 — Edipower SpA v Autorità Per l’Energia Elettrica e il Gas

(Case C-332/10)

()

2010/C 346/43

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per la Lombardia — Sezione Terza

Parties to the main proceedings

Parties to the main proceedings

Applicant: Edipower SpA

Applicant:

Defendant: Autorità Per l’Energia Elettrica e il Gas

Defendant:

Question referred

Question referred

Do Articles 23, 43, 49 and 56 of the Treaty and Article 11(2) and (6) and Article 24 of Directive 54/03/EC (1) preclude national legislation which, without the European Commission having been notified, requires on a permanent basis certain electricity producers which are, in certain circumstances, essential for the purpose of meeting the requirements of the demand for dispatching services, to submit bids on the energy exchange markets, in accordance with programmes determined by the network operator in accordance with external rules, and which prevents producers from freely determining the remuneration for such bids by linking the remuneration to criteria that have not been pre-determined according to transparent, non-discriminatory and market-based procedures?

1

---

(1)  OJ 2003 L 176, p. 37

1

---
§ 145.94 Terminology and classification; States. ( a ) *U.S. Pullorum-Typhoid Clean State.* ( 1 ) A State will be declared a U.S. Pullorum-Typhoid Clean State when it has been determined by the Service that: ( i ) The State is in compliance with the provisions contained in §§ 145.23(b)(3)(i) through (vii), 145.33(b)(3)(i) through (vii), 145.43(b)(3)(i) through (vi), 145.53(b)(3)(i) through (vii), 145.73(b)(2)(i), 145.83(b)(2)(i), 145.93(b)(3)(i) through (vii), and 145.103(b)(3)(i) through (ix).
( ii ) No pullorum disease or fowl typhoid is known to exist nor to have existed in hatchery supply flocks within the State during the preceding 12 months: *Provided,* That pullorum disease or fowl typhoid found within the preceding 24 months in waterfowl, exhibition poultry, and game bird breeding flocks will not prevent a State that is otherwise eligible from qualifying.
( 2 ) Discontinuation of any of the conditions described in paragraph (a)(1)(i) of this section, or repeated outbreaks of pullorum or typhoid occur in hatchery supply flocks described in paragraph (a)(1)(ii) of this section, or if an infection spreads from the originating premises, the Service shall have grounds to revoke its determination that the State is entitled to this classification. Such action shall not be taken until a thorough investigation has been made by the Service and the Official State Agency has been given an opportunity for a hearing in accordance with rules of practice adopted by the Administrator.
( b ) [Reserved]
[76 FR 15794, Mar. 22, 2011, as amended at 85 FR 62568, Oct. 5, 2020]
NotesFAQContact Us

Collection

Thesaurus
AdvancedSearch Tips

Collection

Thesaurus
BrowseThesaurus

 Download full text

**ERIC Number:**

**Record Type:**

**Publication Date:**

**Pages:**

**Abstractor:**

**ISBN:**

**ISSN:**

**EISSN:**

College Bound StudentsCollege ChoiceCollege PreparationEducational PlanningEligibilityFinancial Aid ApplicantsFinancial NeedsFinancial SupportHigh School StudentsHigh SchoolsHigher EducationParentsPaying for College

**Publication Type:**

**Education Level:**

**Audience:**

**Language:**

**Sponsor:**

**Authoring Institution:**

**Grant or Contract Numbers:**

PrivacyCopyrightContact UsSelection PolicyAPI
JournalsNon-JournalsDownloadSubmitMultimediaWidget
#### § 4.3 Scope.

The regulations in this part implement the provisions of the Freedom of Information Act, 5 U.S.C. 552, with respect to the availability of records for inspection and copying.

[44 FR 33368, June 8, 1979, as amended at 45 FR 31291, May 13, 1980]
ICRAS 1413 1845-0038 v11 – Affected Public - Individuals 8/5/2013

Student Assistance General Provisions – Subpart K – Cash Management

This request is for a revision to the current information collection 1845-0038 that is 

expiring. This collection pertains to the recordkeeping requirements contained in the regulations 

related to the administration of the Subpart K - Cash Management section of the Student 

Assistance General Provisions. The regulatory language has not changed. These program 

regulations are designed to provide benefits to borrowers, and protect the taxpayers' interest. 

The information collection requirements in these regulations are necessary to provide students 

with required information about their eligibility to receive funding under the federal student 

financial aid programs and to prevent fraud and abuse of program funds by allowing students to 

reduce or reject aid being offered as well as being made aware of when such funding can be 

expected to be available.

34 CFR 668.165 – Notices and authorizations – requires that institution’s provide their 

federal student aid recipients with information about how much aid the recipient can expect to 

receive, when the aid will be available, provide the recipients the option of decreasing or 

eliminating loan or TEACH Grant funding if desired, and receive affirmative confirmation from 

the recipient of the accepted aid. Additionally, the institution must allow for a recipient to elect 

to have the institution hold aid funds and allow for the recipient to change that authorization at 

any time in writing. 

Section Total

Respondents 15,150,000

Responses 15,150,000

Burden Hours 914,500

TOTALS

Respondents 15,150,000

Responses 15,150,000

Burden Hours 914,500
### §624. Appointment of receiver or conservator

(A) In general.—The Board may appoint a conservator or receiver for a corporation organized under the provisions of this subchapter to the same extent and in the same manner as the Comptroller of the Currency may appoint a conservator or receiver for a national bank, and the conservator or receiver for such corporation shall exercise the same powers, functions, and duties, subject to the same limitations, as a conservator or receiver for a national bank.

(B) Equivalent authority.—The Board shall have the same authority with respect to any conservator or receiver appointed for a corporation organized under the provisions of this subchapter under this section and any such corporation as the Comptroller of the Currency has with respect to a conservator or receiver of a national bank and the national bank for which a conservator or receiver has been appointed.

(C) Title 11 petitions.—The Board may direct the conservator or receiver of a corporation organized under the provisions of this subchapter to file a petition pursuant to title 11, in which case, title 11 shall apply to the corporation in lieu of otherwise applicable Federal or State insolvency law.

(Dec. 23, 1913, ch. 6, §25A(16), formerly §25(a) (par.), as added Dec. 24, 1919, ch. 18, 41 Stat. 378; amended Aug. 23, 1935, ch. 614, title II, §203(a), 49 Stat. 704; renumbered §25A (par.), Pub. L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281; renumbered §25A(16), and amended Pub. L. 106–554, §1(a)(5) [title I, §112(e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–396.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this section", meaning section 25A of act Dec. 23, 1913, which is classified to this subchapter (§611 et seq.).

#### Codification

Section is comprised of par. (16) of section 25A of act Dec. 23, 1913, which comprises this subchapter. For complete classification of section 25A of this Act, see Codification note set out under section 611 of this title.

#### Amendments

2000—Pub. L. 106–554 amended section catchline and text generally. Prior to amendment, text read as follows: "Whenever the Board of Governors of the Federal Reserve System shall become satisfied of the insolvency of any corporation organized under this subchapter, it may appoint a receiver who shall take possession of all of the property and assets of the corporation and exercise the same rights, privileges, powers, and authority with respect thereto as are now exercised by receivers of national banks appointed by the Comptroller of the Currency of the United States: Provided, however, That the assets of the corporation subject to the laws of other countries or jurisdictions shall be dealt with in accordance with the terms of such laws."
### **CHAPTER 48—FINANCIAL INSTITUTIONS REGULATORY IMPROVEMENT**

Sec.
4801.
Incorporated definitions.
4802.
Administrative consideration of burden with new regulations.
4803.
Streamlining of regulatory requirements.
4804.
Elimination of duplicative filings.
4805.
Call report simplification.
4805a.
Call report simplification.
4806.
Regulatory appeals process, ombudsman, and alternative dispute resolution.
4807.
Time limit on agency consideration of completed applications.
4808.
Revising regulatory requirements for transfers of all types of assets with recourse.
4809.
"Plain language" requirement for Federal banking agency rules.
**EXHIBIT 31.4**

**Certification**

** **

I, John C. Batty, Executive Vice Presidentand Chief Financial Officer, certify that:

 

1.             I have reviewedthis Amendment No. 1 on Form 10-K/A to the Annual Report on Form 10-Kfor the period ended December 31, 2008 of Affymetrix, Inc.; and

 

2.             Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report.

 
| Date: April 29, 2009 | /s/  JOHN C. BATTY |
|---------------------------|-------------------------|
|                      | Name:                   | John C. Batty |
|                      | Title:                  | *Executive Vice President and Chief Financial  Officer* |

 

----
### §1206. Sales free of interests

After notice and a hearing, in addition to the authorization contained in section 363(f), the trustee in a case under this chapter may sell property under section 363(b) and (c) free and clear of any interest in such property of an entity other than the estate if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel), except that the proceeds of such sale shall be subject to such interest.

(Added and amended Pub. L. 99–554, title II, §255, title III, §302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103–65, §1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, §149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, §1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, §1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, §1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, §1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, §1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, §10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, §2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, §2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, §2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, §§1001(a)(1), (c), 1007(c)(3), Apr. 20, 2005, 119 Stat. 185, 186, 188.)

#### **Editorial Notes**

#### Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

#### Amendments

2005—Pub. L. 109–8, §1007(c)(3), substituted "if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel)" for "if the property is farmland or farm equipment".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2005 Amendment

Amendment by section 1007(c)(3) of Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of this title.

#### Effective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.