alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010221EN.01001802.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/18 |
| --- | --- | --- | --- |

14.8.2010

EN

Official Journal of the European Union

C 221/18

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Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Salzburg (Austria) lodged on 17 May 2010 — Harald Jung and Gerald Hellweger v Magistrat der Stadt Salzburg, other party to the proceedings: Finanzamt Salzburg-Stadt

(Case C-241/10)

()

2010/C 221/30

Language of the case: German

Referring court

Referring court

Unabhängiger Verwaltungssenat Salzburg

Parties to the main proceedings

Parties to the main proceedings

Applicants: Harald Jung and Gerald Hellweger

Applicants:

Defendant: Magistrat der Stadt Salzburg

Defendant:

Other party to the proceedings: Finanzamt Salzburg-Stadt

Other party to the proceedings:

Question referred

Question referred

Is Annex X of the list referred to in Article 24 of the Act of Accession of the Republic of Hungary to the European Union (1. Freedom of movement for persons) (1) to be interpreted as meaning that the leasing of workers from Hungary to Austria cannot be regarded as a posting of those workers and that national restrictions concerning the employment of Hungarian workers in Austria apply equally, in Austria, in respect of Hungarian workers (regularly employed in Hungary) leased by Hungarian undertakings to Austria?

1

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(1)  OJ 2003 L 236, p. 846.

1

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§ 281.303 Definitions. For purposes of this subpart— ( a ) *Ability to use* a particular alternative fuel means that an essential agricultural use establishment had, on August 29, 1979, or thereafter acquired the installed physical capability to use the alternative fuel and has used that alternative fuel, in any amount, at any time after 1973, for an essential agricultural use.
( b ) *Alternative fuel* means coal or residual fuel oil.
( c ) *Boiler* means any fuel burning device that is used for generating steam or electricity or producing hot water for space heating or manufacturing processes.
( d ) *Capacity* means the volumes of natural gas used if the boiler is operated at nameplate rated capacity for a continuous 16-hour period.
( e ) *Coal* means lignite or any rank of bituminous coal or anthracite coal.
( f ) *Direct supplier* means, with respect to an essential agricultural use establishment, an interstate pipeline or local distribution company which directly supplies such essential agricultural use establishment; with respect to a local distribution company, an interstate pipeline which directly supplies such local distribution company; and, with respect to an interstate pipeline purchaser, an interstate pipeline which directly supplies the interstate pipeline purchaser.
( g ) *Distillate fuel* means Nos. 1 and 2 heating oils, diesel fuel, and No. 4 fuel oil, as defined in the standard specification for fuel oils published by the American Society for Testing and Materials, ASTM, D396 and D975.
( h ) *Essential agricultural requirements* means volumes of natural gas certified by the Secretary of Agriculture and calculated in accordance with 7 CFR 2900.4 and § 281.208(b) of this part.
( i ) *Essential agricultural use* means any use of natural gas, as defined in § 281.203(a)(2) of this chapter and 7 CFR 2900.3.
( j ) *Essential agricultural user* means an essential agricultural user as defined in § 281.203(b)(3).
( k ) *Essential agricultural use establishment* is used as defined in 7 CFR 2900.2.
( l ) *Local distribution company* means a local distribution company served directly by an interstate pipeline.
( m ) *Priority 2 entitlements* means the essential agricultural requirements of an essential agricultural use establishment which requirements are classified by an interstate pipeline as priority 2 in its curtailment plan under Subpart B.
( n ) *Residual fuel oil* means Nos. 5 and 6 oil, Bunker C, and Navy Special as defined in the standard specification for fuel oils published by the American Society for Testing and Materials, ASTM, D396.
[44 FR 62490, Oct. 31, 1979, as amended by Order 55-B, 45 FR 54740, July 18, 1980]
Editorial Note on Part 12
Editorial Note: Nomenclature changes to part 12 appear at 69 FR 32438, June 10, 2004.

§ 12.39 Evaluation of spillway adequacy. The adequacy of any spillway must be evaluated, as part of a comprehensive assessment or as otherwise requested by the Regional Engineer, by considering hazard potential which would result from failure of the project works during normal and flood flows. ( a ) If failure would present a hazard to human life or cause significant property damage, the independent consultant team must evaluate the following for floods up to and including the probable maximum flood: ( 1 ) The ability of project works to withstand the loading or overtopping which may occur during floods;
( 2 ) The capacity of spillways to prevent the reservoir from rising to an elevation that would endanger the project works; and
( 3 ) The potential for misoperation of; failure to operate; blockage of; or debilitating damage to a spillway and its appurtenances (including but not limited to structural, mechanical, and electrical components of gates, valves, chutes, and training walls); and the effect thereof on the maximum reservoir level and potential for surcharged loading or overtopping to occur during floods.
( b ) If failure would not present a hazard to human life or cause significant property damage, spillway adequacy may be evaluated by means of a design flood of lesser magnitude than the probable maximum flood provided that the most recent comprehensive assessment report required by § 12.38 provides a detailed explanation of and rationale for the finding that structural failure would not present a hazard to human life or cause significant property damage.
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We herebyconsent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-92326, 333-117148, 333-118728, 333-136845 and 333-152213) and on Form S-3 (Nos. 333-136046, 333-136366, 333-143680 and 333-152188) of TerreStarCorporation (formerly Motient Corporation) and subsidiaries of our report dated March 12, 2009 relating to the consolidated financial statements, which appear in this Form 10-K. 

/s/  Friedman LLP 

East Hanover, New Jersey 

March 16, 2010
**Exhibit 23**

**CONSENT OF INDEPENDENTACCOUNTANTS**

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 33-84754, 33-84756, 333-16765) of MK Gold Company of our reportdated January 31, 2003 relating to the financial statements, which appears in this Form 10-K.

 

|                                                         |   |   |   |
|--------------------------------------------------------------|--------|--------|--------|
| /s/ PricewaterhouseCoopers LLP                               |   |   |        |
| PricewaterhouseCoopers LLPSalt Lake City, UtahMarch 24, 2003 |   |   |   |
### §160. Maintenance of agent for service

Every China Trade Act corporation shall maintain in the District of Columbia a person as its accredited agent, upon whom legal process may be served, in any suit to be brought in the United States District Court for the District of Columbia, and who is authorized to enter an appearance in its behalf. In the event of the death or inability to serve, or the resignation or removal, of such person, such corporation shall, within such time as the Secretary by regulation prescribes, appoint a successor. Such corporation shall file with the Secretary a certified copy of each power of attorney appointing a person under this section, and a certified copy of the written consent of each person so appointed.

(Sept. 19, 1922, ch. 346, §20(b), as added Feb. 26, 1925, ch. 345, §10, 43 Stat. 996; June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, §32(a), 62 Stat. 991; May 24, 1949, ch. 139, §127, 63 Stat. 107.)

#### **Editorial Notes**

#### Codification

Section comprises subsec. (b) of section 20 of act Sept. 19, 1922, as added by act Feb. 26, 1925. Subsec. (a) of section 20 is classified to section 146a of this title.

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

#### Change of Name

Act June 25, 1948, eff. Sept. 1, 1948, as amended by act May 24, 1949, substituted "United States District Court for the District of Columbia" for "district court of the United States for the District of Columbia."

Act June 25, 1936, changed name of "Supreme Court of the District of Columbia" to "district court of the United States for the District of Columbia".
§ 380.7 Format of an environmental impact statement. In addition to the requirements for an environmental impact statement prescribed in 40 CFR 1502.10 of the regulations of the Council, an environmental impact statement prepared by the Commission will include a section on the literature cited in the environmental impact statement and a staff conclusion section. The staff conclusion section will include summaries of: ( a ) The significant environmental impacts of the proposed action;
( b ) Any alternative to the proposed action that would have a less severe environmental impact or impacts and the action preferred by the staff;
( c ) Any mitigation measures proposed by the applicant, as well as additional mitigation measures that might be more effective;
( d ) Any significant environmental impacts of the proposed action that cannot be mitigated; and
( e ) References to any pending, completed, or recommended studies that might provide baseline data or additional data on the proposed action.
### [§2705. Repealed. Pub. L. 115–282, title III, §316, Dec. 4, 2018, 132 Stat. 4250]

Section, Aug. 4, 1949, ch. 393, 63 Stat. 533, §482; Pub. L. 98–557, §15(a)(3)(C), Oct. 30, 1984, 98 Stat. 2865; renumbered §2705, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226, related to clothing at time of discharge for good of service.
# C_2012133EN.01001302.xml

| 5.5.2012 | EN | Official Journal of the European Union | C 133/13 |
| --- | --- | --- | --- |

5.5.2012

EN

Official Journal of the European Union

C 133/13

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Order of the Court (Eighth Chamber) of 9 February 2012 (reference for a preliminary ruling from the Landgericht Düsseldorf — Germany) — Novartis AG v Actavis Deutschland GmbH & Co KG, Actavis Ltd

(Case C-574/11) (1)

1

(The first subparagraph of Article 104(3) of the Rules of Procedure - Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Articles 4 and 5 - Sole active ingredient for which such a certificate is granted - Scope of protection - Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate)

2012/C 133/24

Language of the case: German

Referring court

Referring court

Landgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Applicant: Novartis AG

Applicant:

Defendants: Actavis Deutschland GmbH & Co KG, Actavis Ltd

Defendants:

Re:

Re:

Reference for a preliminary ruling — Landgericht Düsseldorf — Interpretation of Articles 4 and 5 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009 L 152, p. 1) — Scope of the certificate — Protection solely of medicinal products consisting only of the protected active ingredient or protection extended to medicinal products consisting of the protected active ingredient in combination with another active ingredient

Operative part of the order

Operative part of the order

Articles 4 and 5 of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that, where a ‘product’ consisting of an active ingredient was protected by a basic patent and the holder of that patent was able to rely on the protection conferred by that patent for that ‘product’ in order to oppose the marketing of a medicinal product containing that active ingredient in combination with one or more other active ingredients, a supplementary protection certificate granted for that ‘product’ enables its holder, after the basic patent has expired, to oppose the marketing by a third party of a medicinal product containing that product for a use of the ‘product’, as a medicinal product, which was authorised before that certificate expired.

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(1)  OJ C 32, 4.2.2012.

1

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§ 1318.303 Finding of No Significant Impact. ( a ) If the NEPA compliance staff concludes, based on an EA, that a proposed action does not require the preparation of an EIS, the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity, will prepare a FONSI. The official responsible for NEPA compliance will sign the FONSI.
( b ) A FONSI must concisely summarize the proposed action and the EA, which should be incorporated by reference, and identify any environmental mitigation measures to which TVA commits.
( c ) A FONSI must be made available to the public.
( d ) In the following circumstance, the NEPA compliance staff, in consultation with TVA legal counsel and the initiating TVA entity, will make a draft EA and draft FONSI available for public review and comment for 30 days before a final determination is made whether to prepare an EIS and before the proposed action may begin: ( 1 ) The proposed action is, or is closely similar to, an action listed in § 1318.400(a),
( 2 ) TVA has issued a Notice of Intent that the proposed action would be the subject of an EIS, or
( 3 ) The nature of the proposed action is one without precedent.
EXHIBIT 32.2

           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, Myrna J. Newman, Controller and Chief Accounting Officer, of
the Company, certify, in my capacity as the 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/  Myrna J. Newman
                               --------------------
                               Myrna J. Newman

                               Controller and Chief Accounting Officer

                               July 2, 2004
### §§5671, 5672. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 5671, Pub. L. 102–555, title VI, §601, Oct. 28, 1992, 106 Stat. 4179, prohibited commercialization of weather satellite systems. See section 60161 of Title 51, National and Commercial Space Programs.

Section 5672, Pub. L. 102–555, title VI, §602, Oct. 28, 1992, 106 Stat. 4180, related to future considerations. See section 60162 of Title 51.
### §4222. Contents of declarations

A declaration filed pursuant to section 4221 of this title shall—

(1) set forth the name and address of the declarant and the basis for the declarant's knowledge of the facts alleged;

(2) allege under oath or affirmation specific facts indicating the nature, location, and approximate dollar value of the asset or assets and the names of all persons known to the declarant to have possession, custody, or control of the asset or assets; and

(3) allege under oath or affirmation specific facts that establish a prima facie case showing that the asset is legally subject to attachment, garnishment, sequestration, or other proceeding in satisfaction of the judgment referred to in section 4221 of this title.

(Pub. L. 101–647, title XXV, §2577, Nov. 29, 1990, 104 Stat. 4900.)