alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011152EN.01002002.xml

| 21.5.2011 | EN | Official Journal of the European Union | C 152/20 |
| --- | --- | --- | --- |

21.5.2011

EN

Official Journal of the European Union

C 152/20

---

Order of the General Court of 25 March 2011 — Noko Ngele v Commission and Others

(Case T-15/10) (1)

1

(Non-contractual liability - Action brought in part before a court which has no jurisdiction - Action inadmissible in part - Absence of causal link - Action in part manifestly devoid of any basis in law - Articles 111 and 114 of the Rules of Procedure of the General Court)

2011/C 152/37

Language of the case: French

Parties

Parties

Applicant: Mariyus Noko Ngele (Brussels, Belgium) (represented by: F. Sabakunzi, lawyer)

Applicant:

Defendants: European Commission (represented by: A. Bordes, agent), AT (Brussels, Belgium) AU (Brussels), AV (Brussels) and AW (Brussels)

Defendants:

Re:

Re:

Action for damages for the loss allegedly suffered by the applicant as a result of the impossibility of pursuing recovery of a debt owed to him and the non-material damage allegedly suffered by the applicant as a result of criminal proceedings instigated against him in Belgium

Operative part of the order

Operative part of the order

| 1. | The action is dismissed on the basis that it has been brought before a court that has no jurisdiction to hear it, in so far as it is directed against AT, AU, AV and AW. |
| --- | --- |

1.

The action is dismissed on the basis that it has been brought before a court that has no jurisdiction to hear it, in so far as it is directed against AT, AU, AV and AW.

| 2. | Mr Mariyus Noko Ngele’s head of claim seeking from the Court a declaration that the Centre pour le développement des entreprises (CDE) never replaced the Centre pour le développement industriel (CDI) and that the CDE does not exist in law or have legal personality in Belgium is dismissed on the basis that it is made before a court that has no jurisdiction to hear it. |
| --- | --- |

2.

Mr Mariyus Noko Ngele’s head of claim seeking from the Court a declaration that the Centre pour le développement des entreprises (CDE) never replaced the Centre pour le développement industriel (CDI) and that the CDE does not exist in law or have legal personality in Belgium is dismissed on the basis that it is made before a court that has no jurisdiction to hear it.

| 3. | Mr Noko Ngele’s claim that the Court should order that the judgment to be delivered is enforceable is rejected as inadmissible. |
| --- | --- |

3.

Mr Noko Ngele’s claim that the Court should order that the judgment to be delivered is enforceable is rejected as inadmissible.

| 4. | The action is dismissed as to the remainder as manifestly devoid of any basis in law. |
| --- | --- |

4.

The action is dismissed as to the remainder as manifestly devoid of any basis in law.

| 5. | Mr Noko Ngele is ordered to pay the costs of the present proceedings and those of the proceedings for interim measures. |
| --- | --- |

5.

Mr Noko Ngele is ordered to pay the costs of the present proceedings and those of the proceedings for interim measures.

---

(1)  OJ C 161, 19.6.2010.

1

---
EXHIBIT 99.1



          Certification Pursuant To 8 U.S.C. Section 1350, As Adopted
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


         In connection with the annual report of Motient Corporation, a Delaware
corporation (the "Company"), on Form 10-K for the period ending December 31,
2002, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Christopher W. Downie, Executive Vice President, Chief
Financial Officer and Treasurer, of the Company, certify, in my capacity as the
principal executive officer and principal financial officer, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to my knowledge and based on my review of the Report:

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.



                                     /s/  Christopher W. Downie
                                     ---------------------------------------
                                     Christopher W. DownieExecutive Vice
                                     President, Chief Financial Officer and
                                     Treasurer

                                     March 19, 2004
§ 126.5 Appointment of TSOB Review Panel and TSOB Docket Clerk. ( a ) Upon request by the Chairman of the TSOB, TSOB members will designate at least one official who meets the criteria in paragraphs (a)(1) through (5) of this section to participate in a TSOB Review Panel pool for a period of two years. The Review Panel nominees must— ( 1 ) Be a member of the Senior Executive Service (SES) or a Senior Level (SL) employee;
( 2 ) Hold a security clearance commensurate with the record under review;
( 3 ) Not be employed by TSA or the Federal Aviation Administration (FAA);
( 4 ) To the extent practicable, have a legal background and be engaged in the practice of law on behalf of the United States Government; and
( 5 ) To the extent practicable, be familiar with transportation security issues.
( b ) Upon the expiration of each two-year period, TSOB members will again designate officials to participate in the TSOB Review Panel pool.
( c ) The General Counsel of the Department of Homeland Security, or the General Counsel's designee, will appoint an individual from within the Office of the General Counsel to serve as the TSOB Docket Clerk. The TSOB Docket Clerk will serve as the TSOB Review Panel's point of contact for both the public and the parties to ALJ proceedings.
( d ) When the TSOB Docket Clerk receives a properly and timely filed appeal from an ALJ's decision, the TSOB Chairperson selects at least three individuals from the TSOB Review Panel pool to serve on a Review Panel to review the ALJ's decision. The TSOB Chairperson has discretion to choose which individuals from the pool will serve on a TSOB Review Panel. In making selections for a TSOB Review Panel, the TSOB Chairperson will consider selecting at least one person with the qualifications set out in paragraph (a)(4) of this section to serve as a Panel Member, and will consider, based upon the composition of the pool as well as the issues raised in the appeal, appointing more than one person with the qualifications set out in paragraph (a)(4) to the TSOB Review Panel.
### SUBCHAPTER V—GENERAL PROVISIONS
### §2708. Comptroller General audit and examination of books, etc.; statutory provisions applicable; contracts or grants covered

Section 5876 of title 42 shall apply with respect to the authority of the Comptroller General to have access to and rights of examination of books, documents, papers, and records of recipients of financial assistance under this chapter; except that for the purposes of this chapter, the term "contract" (as used in section 2206 of title 42, insofar as it relates to such section 5876 of title 42) means "contract or grant".

(Pub. L. 95–238, title III, §309, Feb. 25, 1978, 92 Stat. 82.)
Exhibit 32.2
 Certification of the Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350,
As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (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.
  /s/ ROBERT GIAMBRONERobert GiambroneChief Financial Officer
 
 *
    
    The foregoing certification is being furnished solely pursuant to 18
U.S.C. Section 1350 and is not being filed as part of the Report or as
a separate disclosure document.
APPLICATION OF GULF COAST AIRWAYS, INC.

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C. 

Docket No. DOT-OST-2000-0249

FORMAL LETTER OF APPLICATION TO AMEND OUR CERTIFICATE 

By this order, we are requesting a change in our application to amend our Chief Pilot 

of Mr. John Fuller to be replaced by Mr. Robert Falbo. 

A formal letter has been submitted to the FAA, Mr. Felix B. Molina, FSDO-19, 

Miramar, Florida by USPO dated August 24, 2010. 

We are submitting a copy of this formal order to be entered into the Federal Register. 

His appointment will be effective as of September 1, 2010, subject to the approval by 

the Administrator. 

Communication with respect to this document should be sent to:

Joel T. Johnson, Jr. Pres

GULF COAST AIRWAYS, INC.

526 Terminal Drive

Naples Municipal Airport

Naples, Florida 34104

Telephone: (239) 403-3020

Facsimile: (239) 643-2501

Email: joeljjj02@msn.com

Application of:

GULF COAST AIRWAYS, INC.

For Authority to Conduct Scheduled 

Passenger Operations as a Common Air 

Carrier Pursuant to 49 U.S.C. 41738
NOTICE: ANY PERSON WHO WISHES TO SUPPORT OR OPPOSE THIS 

APPLICATION SHOULD FILE BEFORE SEPTEMBER 15, 2010 AN ANSWER WITH 

THE DEPARTMENT AND SERVE A COPY ON ALL PERSONS ON THE ATTACHED 

SERVICE LIST.

APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESS BY THE NONHEARING 

PROCEDURES UNDER SUBPART B OF THE DEPARTMENT OF TRANSPORTATION RULES 

OF PRACTICE.
CERTIFICATE OF VICE PRESIDENT

T. ROWE PRICE SMALL-CAP VALUE FUND, INC.

Pursuant to Rule 306 of Regulation S-T

 I,the undersigned, David Oestreicher, Vice President of T. Rowe Price Small-Cap Value Fund, Inc. (the “Fund”),do hereby certify that the prospectus for the Fund has been translated into the Spanish language. TheSpanish version of the prospectus constitutes a full and complete representation of the English versionwhich has been filed as a part of this Registration Statement. A copy of the Spanish version will beavailable for inspection upon request.

 WITNESS myhand and the seal of the Fund this April 27, 2016.

 T.Rowe Price Small-Cap Value Fund, Inc.

  /s/DavidOestreicher (Seal)  ___________________________________  David Oestreicher, Vice President
#### §§ 86.6-86.7 [Reserved]
# C_2011013EN.01004301.xml

| 15.1.2011 | EN | Official Journal of the European Union | C 13/43 |
| --- | --- | --- | --- |

15.1.2011

EN

Official Journal of the European Union

C 13/43

---

Action brought on 26 October 2010 — Schätzel v Commission

(Case F-109/10)

()

2011/C 13/86

Language of the case: German

Parties

Parties

Applicant: Michael Wolfgang Schätzel (Ransbach-Baumbach, Germany) (represented by: R. Oehmen, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the decision of the Commission refusing to pay the applicant a severance grant

Form of order sought

Form of order sought

| — | Annul the decision of the European Commission of 8 April 2010 to refuse [the applicant a severance grant] and the decision rejecting the appeal of 30 July 2010, Appeal R/351/10 and order the Commission to pay him a severance grant in respect of his service from 1 March 2009 to 28 February 2010, equal to the actuarial value of his pension rights acquired during service in the Commission; |
| --- | --- |

—

Annul the decision of the European Commission of 8 April 2010 to refuse [the applicant a severance grant] and the decision rejecting the appeal of 30 July 2010, Appeal R/351/10 and order the Commission to pay him a severance grant in respect of his service from 1 March 2009 to 28 February 2010, equal to the actuarial value of his pension rights acquired during service in the Commission;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

---
### SUBCHAPTER II—REDOMESTICATION OF MUTUAL INSURERS
# cc: Hon. Timothy C. Williams, District Judge Don McAllister Blaine D. Beckstead Law Offices of Bruce I. Flammey Eighth District Court Clerk

SUPREME COUFtT

OF 

# 2 NEVADA (0) 1947A ern
#### § 327.17 Returned U.S. inspected and marked products.

U.S. inspected and passed and so marked products exported to and returned from foreign countries will be admitted into the United States without compliance with this part upon notification to and approval of the Deputy Administrator, International Programs, Food Safety and Inspection Service, U.S. Department of Agriculture, Washington, DC 20250, in specific cases.

[35 FR 15610, Oct. 3, 1970, as amended at 51 FR 37707, Oct. 24, 1986]
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.                  

###### Federal Reserve System

      ( print page 13191)    
                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 4, 2011.

A. Federal Reserve Bank of Atlanta (Clifford Stanford, Vice President) 1000 Peachtree Street, NE., Atlanta, Georgia 30309:

                    1.                     *Teche Holding Company,*                     New Iberia, Louisiana; to become a bank holding company by acquiring 100 percent of the outstanding shares of Teche Federal Bank, New Iberia, Louisiana.                

Board of Governors of the Federal Reserve System, March 7, 2011.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2011-5458 Filed 3-9-11; 8:45 am]

BILLING CODE 6210-01-P
#### § 115.172 Evidentiary standard for administrative investigations.

When an administrative investigation is undertaken, the agency shall impose no standard higher than a preponderance of the evidence in determining whether allegations of sexual abuse are substantiated.
§ 93.800 Definitions. The following terms, when used in this part, shall be construed as defined. Those terms used in the singular form in this part shall be construed as the plural form and vice versa, as the case may demand. *Accredited veterinarian.* A veterinarian approved by the Administrator in accordance with part 161 of this chapter to perform functions specified in parts 1, 2, 3, and 11 of this chapter, and subchapters B, C, and D of this chapter; and to perform functions required by cooperative State-Federal disease control and eradication programs.
*Administrator.* The Administrator, Animal and Plant Health Inspection Service, or any person authorized to act for the Administrator.
*Animal and Plant Health Inspection Service.* The Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS).
*APHIS representative.* A veterinarian or other person employed by APHIS in animal health activities, who is authorized to perform the function involved.
*Enter (entered, entry) into the United States.* To introduce into the commerce of the United States after release from government detention.
*Import (imported, importation) into the United States.* To bring into the territorial limits of the United States.
*Incinerate (incinerated).* To reduce to ash by burning.
*Inspector.* An employee of APHIS who is authorized to perform the function involved.
*Person.* Any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other legal entity.
*Region.* Any defined geographic land area identifiable by geological, political, or surveyed boundaries. A region may consist of any of the following: ( 1 ) A national entity (country);
( 2 ) Part of a national entity (zone, county, department, municipality, parish, Province, State, etc.)
( 3 ) Parts of several national entities combined into an area; or
( 4 ) A group of national entities (countries) combined into a single area.
*United States.* All of the several States of the United States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.
*United States health certificate.* An official document issued by an APHIS representative or an accredited veterinarian at the point of origin of a movement of animals. It must show the identification tag, tattoo, or registration number of each animal to be moved; the age and sex of each animal to be moved; the number of animals covered by the document; the points of origin and destination; the consignor; and the consignee.
*Veterinary Services.* The Veterinary Services unit of the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
[52 FR 29502, Aug. 10, 1987, as amended at 57 FR 23048, 23049, June 1, 1992. Redesignated and amended at 62 FR 56012, 56021, Oct. 28, 1997]
#### George T. McCarthy, Respondent, v. Gustave Schultz, Appellant.

Judgment and order affirmed, with costs. No opinion. Hooker, Gaynor, Rich and Miller, JJ., concurred; Hirschberg, P. J., not voting.
§ 439.52 Suspension of accreditation. A laboratory will be suspended from the program if probation status is not rectified according to program requirements stated in this part. The accreditation of a laboratory will be immediately suspended if the laboratory or any individual or entity responsibly connected with the laboratory is indicted or has charges on information brought against them in a Federal or State court for any of the following violations of law. A laboratory must notify the ALP within 30 calendar days if any of these situations occur. ( a ) Any felony.
( b ) Any misdemeanor based upon acquiring, handling, or distributing of unwholesome, misbranded, or deceptively packaged food or upon fraud in connection with transactions in food.
( c ) Any misdemeanor based upon a false statement to any governmental agency.
( d ) Any misdemeanor based upon the offering, giving or receiving of a bribe or unlawful gratuity.
( e ) Altering any official sample or analytical finding; or substituting any analytical result from any other laboratory and representing the result as its own.
§ 381.514 State request for cooperative agreement. ( a ) State participation in a cooperative interstate shipment program under this subpart is limited to States that have implemented cooperative State poultry products inspection programs.
( b ) To request an agreement for a cooperative interstate shipment program under this subpart, a State must submit a written request to the Administrator through the FSIS District Office for the FSIS District in which the State is located. In the request the State must: ( 1 ) Identify establishments in the State that have requested to be selected for the program that the State recommends for initial selection into the program, if any;
( 2 ) Demonstrate that the State is able to provide the necessary inspection services to selected establishments in the State and conduct any related activities that would be required under a cooperative interstate shipment program established under this subpart; and
( 3 ) Agree that, if the State enters into an agreement with FSIS for a cooperative interstate shipment program, the State will: ( i ) Provide FSIS with access to the results of all laboratory analyses conducted on product samples from selected establishments in the State;
( ii ) Notify the selected establishment coordinator for the State of the results of any laboratory analyses that indicate that a product prepared in a selected establishment may be adulterated or may otherwise present a food safety concern; and
( iii ) When necessary, cooperate with FSIS to transition selected establishments in the State that have been deselected from a cooperative interstate shipment program to become official establishments.
( c ) If the Administrator determines that a State that has submitted a request to participate in a cooperative interstate shipment program qualifies to enter into a cooperative agreement for such a program, the Administrator and the State will sign a cooperative agreement that sets forth the terms and conditions under which each party will cooperate to provide inspection services to selected establishments located in the State.
( d ) After the Administrator and a State have signed an agreement for a cooperative interstate shipment program as provided in paragraph (c) of this section, the Administrator will: ( 1 ) Appoint an FSIS employee as the FSIS selected establishment coordinator for the State and
( 2 ) Coordinate with the State to select establishments to participate in the program as provided in § 381.515(b) of this subpart.
### §24. Liability of directors and agents of corporation

Whenever a corporation shall violate any of the penal provisions of the antitrust laws, such violation shall be deemed to be also that of the individual directors, officers, or agents of such corporation who shall have authorized, ordered, or done any of the acts constituting in whole or in part such violation, and such violation shall be deemed a misdemeanor, and upon conviction therefor of any such director, officer, or agent he shall be punished by a fine of not exceeding $5,000 or by imprisonment for not exceeding one year, or by both, in the discretion of the court.

(Oct. 15, 1914, ch. 323, §14, 38 Stat. 736.)

#### **Editorial Notes**

#### References in Text

The antitrust laws, referred to in text, are defined in section 12 of this title.