alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011055EN.01001902.xml

| 19.2.2011 | EN | Official Journal of the European Union | C 55/19 |
| --- | --- | --- | --- |

19.2.2011

EN

Official Journal of the European Union

C 55/19

---

Action brought on 9 December 2010 — European Commission v Kingdom of the Netherlands

(Case C-576/10)

2011/C 55/34

Language of the case: Dutch

Parties

Parties

Applicant: European Commission (represented by: M. van Beek and C. Zadra, Agents)

Applicant:

Defendant: Kingdom of the Netherlands

Defendant:

Form of order sought

Form of order sought

| — | rule that, by failing to comply with the law of the European Union on public contracts, in particular Directive 2004/18/EC, (1) in the context of the award of a public works concession by the municipality of Eindhoven, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 2 and Title III of Directive 2004/18/EC; |
| --- | --- |

—

rule that, by failing to comply with the law of the European Union on public contracts, in particular Directive 2004/18/EC, (1) in the context of the award of a public works concession by the municipality of Eindhoven, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 2 and Title III of Directive 2004/18/EC;

1

| — | order the Kingdom of the Netherlands to pay the costs. |
| --- | --- |

—

order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The Commission has concluded that the coooperation agreement which the municipality of Eindhoven entered into on 11 June 2007 with the company Hurks Bouw en Vastgoed B.V. is a public works concession within the terms of Article 1(3) of Directive 2004/18/EC.

In view of the fact that the public works concession has an estimated value which is greater than the applicable threshold value, it ought to have been the subject of a call for tenders in accordance with Directive 2004/18/EC, in particular Article 2 and Title III thereof. In addition, the public contracts awarded by Hurks Bouw en Vastgoed B.V. for works to an estimated value in excess of the applicable threshold value must be publicised in accordance with Articles 63 to 65 of Directive 2004/18/EC.

The fact that the municipality of Eindhoven did not apply Directive 2004/18/EC, and in particular Article 2 and Title III thereof, when awarding the public works concession in question to Hurks Bouw en Vastgoed B.V. leads the Commission to the conclusion that there has been a breach of that directive.

The Commission further concludes that, in the context of the award of a public works concession by the municipality of Eindhoven, the Kingdom of the Netherlands has failed to comply with its obligations under the European Union law on public contracts, and in particular those imposed by Article 2 and Title III of Directive 2004/18/EC.

---

(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).

1

---
### SUBCHAPTER V—STANDARDS OF ELECTRICITY
<PAGE>
                                                                 EXHIBIT 12.1




                          TOYOTA MOTOR CREDIT CORPORATION

                 CALCULATION OF RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                          Three Months Ended       
                                                             December 31,            
                                                         ---------------------       
                                                         1997             1996       
                                                         ----             ----       
                                                         (Dollars in Millions)
<S>                                                      <C>              <C>        
                                                         
Consolidated income
   before income taxes.................................  $ 63             $ 64       
                                                         ----             ----       
Fixed charges:
   Interest............................................   234              227       
   Portion of rent expense
      representative of the
      interest factor (deemed 
      to be one-third).................................     1                1       
                                                         ----             ----       

Total fixed charges....................................   235              228       
                                                         ----             ----       
Earnings available
   for fixed charges...................................  $298             $292       
                                                         ====             ====       

Ratio of earnings to
   fixed charges<F1>...................................  1.27             1.28       
                                                         ====             ====      
<FN>
-----------------
<F1>  In March 1987, TMCC guaranteed payments of principal and interest on
      $58 million principal amount of bonds issued in connection with the
      Kentucky manufacturing facility of an affiliate.  As of December 31,     
      1997, TMCC has not incurred any fixed charges in connection with such    
      guarantee and no amount is included in any ratio of earnings to fixed    
      charges.
</FN>
</TABLE>
# C_2013114EN.01003001.xml

| 20.4.2013 | EN | Official Journal of the European Union | C 114/30 |
| --- | --- | --- | --- |

20.4.2013

EN

Official Journal of the European Union

C 114/30

---

Judgment of the General Court of (Seventh Chamber, Extended Composition) of 7 March 2013 — Bilbaína de Alquitranes and Others v (ECHA)

(Case T-93/10) (1)

1

(REACH - Identification of pitch, coal tar, high temperature as a substance of very high concern - Actions for annulment - Actionable measure - Regulatory act not entailing implementing measures - Direct concern - Admissibility - Equal treatment - Proportionality)

2013/C 114/46

Language of the case: English

Parties

Parties

Applicants: Bilbaína de Alquitranes (Luchana-Baracaldo, Spain); Cindu Chemicals BV, (Uithoorn, Netherlands); Deza, a.s., (Valašske Meziříčí, Czech Republic); Industrial Química del Nalón, SA, (Oviedo, Spain); Koppers Denmark A/S, (Nyborg, Denmark); Koppers UK Ltd, (Scunthorpe, United Kingdom); Rütgers Germany GmbH, (Castrop-Rauxel, Germany); Rütgers Belgium NV, (Zelzate, Belgium); and Rütgers Poland sp. z o.o., established in Kędzierzyn-Koźle (Poland)) (represented by: initially by K. Van Maldegem, R. Cana, lawyers, and P. Sellar, Solicitor, and subsequently by K. Van Maldegem and R. Cana)

Applicants:

Defendants: European Chemicals Agency (ECHA) (represented by: M. Heikkilä and W. Broere, acting as Agents, assisted by J. Stuyck, lawyer,)

Defendants:

Re:

Re:

Action for the partial annulment of the decision of the ECHA published on 13 January 2010 identifying pitch, coal tar, high temperature (EC No 266-028-2) as a substance meeting the criteria set out in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ 2006 L 396, p. 1)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Orders Bilbaína de Alquitranes, SA, Cindu Chemicals BV, Deza, a.s., Industrial Química del Nalón, SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV and Rütgers Poland sp. z o.o. to pay the costs. |
| --- | --- |

2.

Orders Bilbaína de Alquitranes, SA, Cindu Chemicals BV, Deza, a.s., Industrial Química del Nalón, SA, Koppers Denmark A/S, Koppers UK Ltd, Rütgers Germany GmbH, Rütgers Belgium NV and Rütgers Poland sp. z o.o. to pay the costs.

---

(1)  OJ C 113, 1.5.2010.

1

---
**Exhibit 31.2**

**CERTIFICATION**

I, John P. Crowley,certify that:

1.                 I have reviewedthis quarterly report on Form 10-Q of FairPoint Communications, Inc.(the “Company”);

2.                 Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

3.                 Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the Company as of, and for,the periods presented in this quarterly report;

4.                 The Company’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in the Securities Exchange Actof 1934, as amended (the “Exchange Act”) rule 13a-15(e) and 15d-15(e))for the Company and we have:

(i)            designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the Company, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this quarterly report was being prepared;

(ii)        evaluated theeffectiveness of the Company’s disclosure controls and procedures and presentedin this quarterly report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisquarterly report; and

(iii)    disclosed in this report anychange in the Company’s internal control over financial reporting that occurredduring the Company’s most recent fiscal quarter (the Company’s fourth fiscalquarter in the case of a quarterly report) that has materially affected, or isreasonably likely to materially affect, the Company’s internal control overfinancial reporting; and

5.                 The Company’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Company’sauditors and the audit committee of the Company’s board of directors (orpersons performing the equivalent function):

(i)            all significantdeficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adverselyaffect the Company’s ability to record, process, summarize and report financialinformation; and

(ii)        any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the Company’s internal controls over financial reporting.

Date: November 3,2006 

|     | /s/ JOHN P. CROWLEY        |   |
|----------|----------------------------|--------|
|     | John P. Crowley            |
| * * | *Chief  Financial Officer* |

 

----
Exhibit
3.1




THIRD
CERTIFICATE OF AMENDMENT
 
 TO
 
 RESTATED
CERTIFICATE OF INCORPORATION
 
 OF
 
 LEXICON
PHARMACEUTICALS, INC.
 
 
 LEXICON
PHARMACEUTICALS, INC. (the “Corporation”), a
corporation organized and existing under and by virtue of the General
Corporation Law of the State of Delaware (“DGCL”), hereby
certifies as follows pursuant to Section 242 of the DGCL:
 
 FIRST:
              That
      at a meeting of the Board of Directors of the Corporation, resolutions
      were duly adopted setting forth a proposed amendment of the Corporation’s
      Restated Certificate of Incorporation, as amended, declaring such
      amendment to be advisable and calling a meeting of the Corporation’s
      stockholders for consideration thereof.  The resolution setting
      forth the proposed amendment is as
follows:
 
 RESOLVED
that, subject to the approval of the stockholders of the Corporation, the
Corporation’s restated certificate of incorporation, as amended, be further
amended by changing Section 4.01(a) of Article IV thereof so that, as amended,
such Section shall be and read as follows:
 
 “(a) The
total number of shares of stock that the Corporation shall have the authority to
issue is 905,000,000 shares of capital stock, consisting of (i) 5,000,000 shares
of preferred stock, par value $0.01 per share (the “Preferred Stock”),
and (ii) 900,000,000 shares of common stock, par value $0.001 per share (the
“Common
Stock”).”
 
 SECOND:
                That
      thereafter, pursuant to a resolution of its Board of Directors, a special
      meeting of the Corporation’s stockholders was duly called and held upon
      notice in accordance with the provisions of Section 222 of the DGCL, at
      which meeting the necessary number of shares as required by applicable law
      were voted in favor of such
amendment.
 
 
 THIRD:
              That
      such amendment was duly adopted in accordance with the provisions of
      Section 242 of the DGCL.
  IN
WITNESS WHEREOF, the Corporation has caused this Third Certificate of Amendment
to be signed by Jeffrey L. Wade, its Executive Vice President and General
Counsel, this 15th day of
July, 2009.
 LEXICON
      PHARMACEUTICALS, INC.By:
                                    /s/
      Jeffrey L. WadeJeffrey
      L. Wade
                                      Executive
      Vice President and General
Counsel
### §2616. State laws unaffected; inconsistent Federal and State provisions

This chapter does not annul, alter, or affect, or exempt any person subject to the provisions of this chapter from complying with, the laws of any State with respect to settlement practices, except to the extent that those laws are inconsistent with any provision of this chapter, and then only to the extent of the inconsistency. The Bureau is authorized to determine whether such inconsistencies exist. The Bureau may not determine that any State law is inconsistent with any provision of this chapter if the Bureau determines that such law gives greater protection to the consumer. In making these determinations the Bureau shall consult with the appropriate Federal agencies.

(Pub. L. 93–533, §18, Dec. 22, 1974, 88 Stat. 1731; Pub. L. 94–205, §9, Jan. 2, 1976, 89 Stat. 1159; Pub. L. 111–203, title X, §1098(10), July 21, 2010, 124 Stat. 2104.)

#### **Editorial Notes**

#### Amendments

2010—Pub. L. 111–203 substituted "Bureau" for "Secretary" wherever appearing.

1976—Pub. L. 94–205 struck out "(a)" before "This chapter" and struck out subsec. (b) which provided for Federal protection against liability for acts done or omitted in good faith in accordance with the rules, regulations, or interpretations issued by the Secretary. See section 2617 (b) of this title.

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

#### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

#### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–205 effective Jan. 2, 1976, see section 12 of Pub. L. 94–205, set out as a note under section 2602 of this title.

#### Effective Date

Section effective 180 days after Dec. 22, 1974, see section 20 of Pub. L. 93–533, set out as a note under section 2601 of this title.
# C_2011252EN.01005203.xml

| 27.8.2011 | EN | Official Journal of the European Union | C 252/52 |
| --- | --- | --- | --- |

27.8.2011

EN

Official Journal of the European Union

C 252/52

---

Order of the Civil Service Tribunal (Third Chamber) of 30 June 2011 — Marcuccio v European Commission

(Case F-14/10) (1)

1

(Civil Service - Officials - Social security - Accident - Procedure for recognition of permanent partial invalidity within the meaning of Article 73 of the Staff Regulations - Duration of the procedure - Action for damages - Action manifestly lacking any foundation in law - Article 94 of the Rules of Procedure)

2011/C 252/113

Language of the case: French

Parties

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Applicant:

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, assisted by A. Dal Ferro, lawyer)

Defendant:

Re:

Re:

Application for an order that the defendant pay compensation for the damage suffered by the applicant as a result of the duration of the procedure for recognition of partial invalidity.

Operative part of the order

Operative part of the order

| 1. | The action of Mr Marcuccio is dismissed as manifestly lacking any foundation in law. |
| --- | --- |

1.

The action of Mr Marcuccio is dismissed as manifestly lacking any foundation in law.

| 2. | Mr Marcuccio is ordered to bear the costs incurred by the European Commission in addition to his own costs. |
| --- | --- |

2.

Mr Marcuccio is ordered to bear the costs incurred by the European Commission in addition to his own costs.

| 3. | Mr Marcuccio is ordered to repay the Tribunal the sum of EUR 1 000 pursuant to Article 94 of the Rules of Procedure. |
| --- | --- |

3.

Mr Marcuccio is ordered to repay the Tribunal the sum of EUR 1 000 pursuant to Article 94 of the Rules of Procedure.

---

(1)  OJ C 134, 22.05.2010, p. 54.

1

---
§ 81.32 May the Registered Voters List be challenged? ( a ) It is possible to challenge in writing the inclusion or exclusion or omission of a name on the Registered Voters List. The written challenge must be received by the Secretarial Election Board by the established deadline and include the following: ( 1 ) The name of the affected individual or individuals;
( 2 ) The reason why the individual's name should be added to or removed from the Registered Voters List; and
( 3 ) Supporting documentation.
( b ) If an individual failed to submit his or her registration form on time, that individual is precluded from challenging the omission of his/her name from the list.
----

|    |                                     |
|----|-------------------------------------|
| 2. | VESTING OF PERFORMANCE SHARE UNITS. |

----

----

----

----
### §182. Notice of intent to dissolve

Whenever a vote is taken to go into liquidation it shall be the duty of the board of directors to cause notice of this fact to be certified, under the seal of the association, by its president or cashier, to the Comptroller of the Currency, and publication thereof to be made for a period of two months in every issue of a newspaper published in the city or town in which the association is located, or if no newspaper is there published, then in the newspaper published nearest thereto, that the association is closing up its affairs, and notifying its creditors to present their claims against the association for payment.

(R.S. §5221; Aug. 9, 1955, ch. 626, 69 Stat. 546.)

#### **Editorial Notes**

#### Codification

R.S. §5221 derived from act June 3, 1864, ch. 106, §42, 13 Stat. 112, which was the National Bank Act. See section 38 of this title.

#### Amendments

1955—Act Aug. 9, 1955, struck out provisions relating to publication in a newspaper published in the City of New York, and notification to holders of national bank notes to present them for payment.

#### **Executive Documents**

#### Exception as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
#### Rose Hillery, Respondent, v. Long Island Railroad Company, Appellant, and Brooklyn Ferry Company of New York, Defendant.

Judgment and order unanimously affirmed, with costs. No opinion. Present — Jenks, Hooker, Gaynor, Rich and Miller, JJ.
### SUBCHAPTER I—BILATERAL AND CLEARING ORGANIZATION NETTING
# CA2007022EN.01001501.xml

| 31.1.2007 | EN | Official Journal of the European Union | CA 22/15 |
| --- | --- | --- | --- |

31.1.2007

EN

Official Journal of the European Union

CA 22/15

---

RESERVE LIST
   (1)

RESERVE LIST

1

OPEN COMPETITION EPSO/AD/42/05

OPEN COMPETITION EPSO/AD/42/05

LAWYER-LINGUISTS (AD7)

LAWYER-LINGUISTS (AD7)

HAVING AS THEIR MAIN LANGUAGE POLISH (PL)

HAVING AS THEIR MAIN LANGUAGE POLISH (PL)

(2007/C 22 A/06)

| ADAMCZYK | Katarzyna |
| --- | --- |
| ADHAMI | Omar |
| BAKOWSKI | Piotr |
| BANAS | Radoslaw |
| DACA | Mariusz |
| GAWLIK | Katarzyna |
| GLUZINSKA | Malgorzata |
| GRANOWSKA | Joanna |
| KOTULA | Marcin |
| KRAWCZYK | Ewa |
| KRZEMINSKA | Joanna |
| KULESZA | Anna |
| LAJKOWSKA | Magdalena |
| LIS | Sebastian |
| MAJCHER | Marta |
| MANKO | Rafal Tomasz |
| MICHALCZYK | Arkadiusz |
| MIELECKA | Marta |
| PAPIERSKA | Inga |
| PAWLOWSKI | Krzysztof |
| PORZYCKI | Marek |
| RAJZER | Artur |
| SIEKIERZYNSKA | Maria |
| SIKORA | Joanna |
| SMYCZ | Marcin |
| SZYCHOWSKA | Katarzyna |
| SZYMASZEK | Justyna |
| TCHORZEWSKA | Inga |

ADAMCZYK

Katarzyna

ADHAMI

Omar

BAKOWSKI

Piotr

BANAS

Radoslaw

DACA

Mariusz

GAWLIK

Katarzyna

GLUZINSKA

Malgorzata

GRANOWSKA

Joanna

KOTULA

Marcin

KRAWCZYK

Ewa

KRZEMINSKA

Joanna

KULESZA

Anna

LAJKOWSKA

Magdalena

LIS

Sebastian

MAJCHER

Marta

MANKO

Rafal Tomasz

MICHALCZYK

Arkadiusz

MIELECKA

Marta

PAPIERSKA

Inga

PAWLOWSKI

Krzysztof

PORZYCKI

Marek

RAJZER

Artur

SIEKIERZYNSKA

Maria

SIKORA

Joanna

SMYCZ

Marcin

SZYCHOWSKA

Katarzyna

SZYMASZEK

Justyna

TCHORZEWSKA

Inga

The reserve list will be valid until 31 December 2007 and may be extended.

31 December 2007

---

(1)  A successful candidate may explicitly request her/his name not be published.

1

---
Exhibit 32.2


                            Certification Pursuant to
                             18 U.S.C. Section 1350,
                             As Adopted Pursuant To
                  Section 906 of the Sarbanes-Oxley Act of 2002

     In connection with the accompanying Form 10-K (the "Report") of Glimcher
Realty Trust (the "Company") for the period ended December 31, 2004, I, Mark E.
Yale, Senior Vice President and Chief Financial Officer (Principal Accounting
Officer) of the Company, certify, to the best of my knowledge, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
that:

     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 results of operations
          of the Company.



Date: March 9, 2005                          /s/ Mark E. Yale
      ------------------------               -------------------------------
                                             Mark E. Yale
                                             Senior Vice President and,
                                             Chief Financial Officer
                                             (Principal Accounting Officer)



     A signed original of this written statement required by Section 906, or
other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Glimcher Realty
Trust and will be retained by Glimcher Realty Trust and furnished to the
Securities and Exchange Commission or its staff upon request.