alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013325EN.01000402.xml

| 9.11.2013 | EN | Official Journal of the European Union | C 325/4 |
| --- | --- | --- | --- |

9.11.2013

EN

Official Journal of the European Union

C 325/4

---

Judgment of the Court (Fifth Chamber) of 12 September 2013 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Niederösterreichische Landes-Landwirtschaftskammer v Anneliese Kuso

(Case C-614/11) (1)

1

(Social policy - Equal treatment for men and women - Directive 76/207/EEC - Fixed-term employment contract concluded prior to the accession of the Member State - Expiry of the fixed term after the accession - Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement age is reached - Retirement age for men different from the age set for women)

2013/C 325/06

Language of the case: German

Referring court

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Niederösterreichische Landes-Landwirtschaftskammer

Applicant:

Defendant: Anneliese Kuso

Defendant:

Re:

Re:

Request for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 3(1)(a) and (c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 4), as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 (OJ 2002 L 269, p. 15) — Fixed term employment contracts concluded between an institution of a Member State and its employees, before the accession of that State to the European Union, under which the expiry of the contracts is fixed as the last day of the year in which a male employee has attained the age of 65 and a female employee the age of 60

Operative part of the judgment

Operative part of the judgment

Article 3(1)(c) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, as amended by Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002, must be interpreted as meaning that national legislation, such as that at issue in the main proceedings, consisting of a body of employment rules which form an integral part of an employment contract concluded before the Member State concerned acceded to the European Union and under which the employment relationship is to come to an end upon attainment of the fixed retirement age, which differs depending on whether the employee is a man or a woman, constitutes discrimination prohibited by that directive where the employee concerned reaches that age after the accession.

---

(1)  OJ C 80, 17.3.2012.

1

---
EXHIBIT 31.1

CERTIFICATION

I, Michael Ryan, certify that:

1. I have reviewed this Annual Report on Form 10-K of Gilman + Ciocia, Inc., as
amended by this Form 10K/A (the "Report");

2. Based on my knowledge, this Report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this Report;

3. Based on my knowledge, the financial statements, and other financial
information included in this Report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this Report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

      (a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this Report is being prepared;

      (b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this Report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this Report based on such evaluation; and

      (c) Disclosed in this Report any changes in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter, that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

      (a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

      (b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: June 15, 2006


                                                   /s/ Michael Ryan
                                                   -----------------------------
                                                   Chief Executive Officer
#### § 367.3890 Account 389, Land and land rights.

This account must include the cost of land and land rights used for service company purposes, the cost of which is not properly includible in other land and land rights accounts (*See* Service Company Property Instructions in § 367.55).
# C_2012235EN.01001207.xml

| 4.8.2012 | EN | Official Journal of the European Union | C 235/12 |
| --- | --- | --- | --- |

4.8.2012

EN

Official Journal of the European Union

C 235/12

---

Order of the President of the Court of 24 April 2012 — ThyssenKrupp Liften BV v European Commission

(Case C-519/11 P) (1)

1

2012/C 235/29

Language of the case: Dutch

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 355, 3.12.2011.

1

---
§ 16.4 Acceleration of a license expiration date. ( a ) *Request for acceleration.* ( 1 ) A licensee may file with the Commission, in accordance with the formal filing requirements in subpart T of part 385 of this chapter, a written request for acceleration of the expiration date of its existing license, containing the statements and information specified in § 16.6(b) and a detailed explanation of the basis for the acceleration request.
( 2 ) If the Commission grants the request for acceleration pursuant to paragraph (c), the Commission will deem the request for acceleration to be a notice of intent under § 16.6 and, unless the Commission directs otherwise, the licensee shall make available the information specified in § 16.7 no later than 90 days from the date that the Commission grants the request for acceleration.
( b ) *Notice of request for acceleration.* ( 1 ) Upon receipt of a request for acceleration, the Commission will give notice of the licensee's request and provide a 45-day period for comments by interested persons by: ( i ) Publishing notice in the Federal Register;
( ii ) Publishing notice once in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated; and
( iii ) Notifying appropriate Federal, state, and interstate resource agencies and Indian tribes by mail.
( 2 ) The notice issued pursuant to paragraphs (1) (i) and (ii) and the written notice given pursuant to paragraph (1)(iii) will be considered as fulfilling the notice provisions of § 16.6(d) should the Commission grant the acceleration request and will include an explanation of the basis for the licensee's acceleration request.
( c ) *Commission order.* If the Commission determines it is in the public interest, the Commission will issue an order accelerating the expiration date of the license to not less than five years and 90 days from the date of the Commission order.
#### New England Telephone and Telegraph Company *vs.*Thomas A. Kennelly, *Public Utility Adm’r.*

JANUARY 21, 1953.

Peesent: Flynn, C. J., Capotosto, Baker, Condon and O’Connell, JJ.

ORDER

This proceeding is before us on a motion filed by Thomas H. Gardiner, a person having an appealable interest herein, to dismiss the appeal by the New England Telephone and Telegraph Company from an order entered by the public utility administrator allegedly fixing certain rates and charges for services furnished to the public by the company. That motion was duly heard and upon consideration it is denied. Our opinion thereon will follow later.

However, in our judgment under public laws 1949, chapter 2174, section 1, amending general laws 1938, chapter 122, §31, justice and equity require that the appeal shall operate as a stay of the order appealed from unless the New England Telephone and Telegraph Company shall forthwith file in the records of the case in this court a stipulation showing that the account of each telephone subscriber affected by the order appealed from shall be kept by the company in such a way that the amounts of increases in tariffs collected under said order shall be sever-*165able and readily computable, and showing also that the company will make a refund to each subscriber of the moneys thus collected from him to the extent that such moneys may exceed the amounts properly collectible under the rates which, on the merits of the appeal, shall be determined to be fair and reasonable.

*Swan, Keeney & Smith, Eugene J. Phillips, Marshall Swan, Charles Ryan,*of Massachusetts Bar, for New England Telephone and Telegraph Company.

*Thomas H. Gardiner, pro se.*

Entered as the order of this court this twenty-first day of January, A. D. 1953.

By order:

John H. Greene, Jr.

Clerk
### §68a. Misbranding declared unlawful

The introduction, or manufacture for introduction, into commerce, or the sale, transportation, or distribution, in commerce, of any wool product which is misbranded within the meaning of this subchapter or the rules and regulations hereunder, is unlawful and shall be an unfair method of competition, and an unfair and deceptive act or practice, in commerce under the Federal Trade Commission Act; and any person who shall manufacture or deliver for shipment or ship or sell or offer for sale in commerce, any such wool product which is misbranded within the meaning of this subchapter and the rules and regulations hereunder is guilty of an unfair method of competition, and an unfair and deceptive act or practice, in commerce within the meaning of the Federal Trade Commission Act.

This section shall not apply—

(a) To any common carrier or contract carrier in respect to a wool product shipped or delivered for shipment in commerce in the ordinary course of its business; or

(b) To any person manufacturing, delivering for shipment, shipping, selling, or offering for sale, for exportation from the United States to any foreign country a wool product branded in accordance with the specifications of the purchaser and in accordance with the laws of such country.

(Oct. 14, 1940, ch. 871, §3, 54 Stat. 1129.)
ASSIGNMENT
                                   ----------
                                       AND
                                       ---
                                  BILL OF SALE
                                  ------------

     This  instrument  is executed as of June 30, 2006 by Marshall Distributing,
L.L.C.,  a  Utah limited liability company and EMS Business Development, Inc., a
California  corporation  (hereinafter  collectively  "Assignor")  and  Gateway
Distributors,  Ltd.,  a  Nevada  corporation  (hereinafter  the  "Assignee"):

     For  valuable consideration Assignor hereby sells, assigns and transfers to
the  Assignee all Assignor's right, title, and interest in and to all contracts,
goodwill,  leasehold  interests, trade names and other intangible assets of that
certain  herbal  and  health  food  supplement distributing business operated by
Marshall Distributing, L.L.C., located at 3085 Directors Row, Salt Lake City, UT
84104,  specifically  including but not limited to those described in Schedule I
attached  hereto.

Dated  as  of  June  30,  2006

ASSIGNOR:                                    ASSIGNEE:

Marshall Distributing, LLC,                  Gateway Distributors, Ltd.
a Utah limited liability company             a Nevada corporation

By:                                          By:
   --------------------------------             --------------------------------

By:                                          By:
   --------------------------------             --------------------------------


EMS Business Development, Inc.,
a California corporation

By:
   --------------------------------

By:
   --------------------------------


<PAGE>
                                   SCHEDULE I
### **CHAPTER 97—WOMEN'S BUSINESS ENTERPRISE DEVELOPMENT**

Sec.
7101.
Establishment of the Interagency Committee.
7102.
Duties of the Interagency Committee.
7103.
Membership of the Interagency Committee.
7104.
Reports from the Interagency Committee.
7105.
Establishment of the National Women's Business Council.
7106.
Duties of the Council.
7107.
Membership of the Council.
7108.
Definitions.
7109.
Studies and other research.
7110.
Authorization of appropriations.

#### **Editorial Notes**

#### Codification

This chapter is comprised of title IV of Pub. L. 100–533, as added by Pub. L. 103–403, title IV, §413, Oct. 22, 1994, 108 Stat. 4193, and amended. Title IV of Pub. L. 100–533 was formerly set out as a note under section 631 of this title.
§ 280.101 Definitions. ( a ) *NGPA definitions.* Terms defined in the NGPA shall have the same meaning for purposes of this subchapter as they have under the NGPA, unless further defined in this subpart.
( b ) *Other definitions.* For purposes of this subchapter: ( 1 ) *NGPA* means the Natural Gas Policy Act of 1978.
( 2 ) *OCS* means the Outer Continental Shelf as defined in section 2(35) of the NGPA.
[44 FR 12409, Mar. 7, 1979, as amended by Order 92, 45 FR 49252, July 24, 1980]
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED FINANCIAL STATEMENTS OF AUGUST TECHNOLOGY CORPORATION FOR THE NINE
MONTHS ENDED SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       6,491,737
<SECURITIES>                                17,985,808
<RECEIVABLES>                                6,335,141
<ALLOWANCES>                                 (121,545)
<INVENTORY>                                  8,163,568
<CURRENT-ASSETS>                            39,851,250
<PP&E>                                       2,531,676
<DEPRECIATION>                               (519,264)
<TOTAL-ASSETS>                              46,514,703
<CURRENT-LIABILITIES>                        5,984,579
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       125,915
<OTHER-SE>                                  39,466,346
<TOTAL-LIABILITY-AND-EQUITY>                40,365,481
<SALES>                                     21,189,483
<TOTAL-REVENUES>                            21,189,483
<CGS>                                        8,497,444
<TOTAL-COSTS>                                8,497,444
<OTHER-EXPENSES>                            11,826,871
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             100,132
<INCOME-PRETAX>                              1,356,474
<INCOME-TAX>                                   422,097
<INCOME-CONTINUING>                            934,377
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   934,377
<EPS-BASIC>                                       0.09
<EPS-DILUTED>                                     0.08


</TABLE>
SQN job no: 0705043 Client: NFWF Project: IYOR/NOAA Advertising Date: 08APR08 

Stage: Final Option: Dance Finished size: 24 x 36 inches
MEMORANDUM

TO: Deborah Jordan, USEPA Region 9 Colleen McKaughan, USEPA Region 9

FROM: Bill Auberle, EN3 Professionals

DATE: July 5, 2011

SUBJECT: Navajo Generating Station

As you are aware EN3 Professionals began facilitating discussions in January among many interests regarding emissions and emissions reduction strategies for the Navajo Generating Station (NGS). These discussions have been informative, often intense, and ultimately quite productive. Per our commitment to you, the many participants, and a wide range of interested parties and individuals, all meeting notes, presentations, resource materials, etc. have been posted continuously on the project Web site www.en3pro.com/projects/ngsproject/ . This memorandum provides the current status of these discussions, progress-to-date, and planned next steps.

Beginning with the fourth meeting of all interested parties, participants have focused on developing a written agreement that can be supported by a broad population. The process of developing this agreement continues. Although no individual participating entity has endorsed this working document, many have been engaged in its development. The March 25 version of the “Strawman” was the focus of discussions at our large meeting in Phoenix on that date and is included in the corresponding meeting notes posted on the project Web site. The process of developing this agreement continues, yet several important emissions management elements are reflected in the current, albeit incomplete, draft document.

A complementary project is the planned study by USDOE’s National Renewable Energy Laboratory (NREL) entitled “ Navajo Generating Station Study .” This important work will inform our process, but is not intended to impede or delay

125 East Elm Avenue, Suite 101 Flagstaff, AZ 86001 

# !"#

PROFESSIONALS, LLC energy
environment engineeringon-going deliberations. The latest version of the proposed Statement of Work by NREL is attached.

Virtually all participants in the NGS discussions are quite mindful of your agency’s regulatory responsibilities for limiting air pollutant emissions from the plant. In turn, you certainly are aware of the complex issues related to identifying an appropriate emissions management plan for NGS. We will continue to build on the good work to date through continued deliberations. Many of the participants in our process are actively engaged to identify a consensus set of recommendations for your consideration and for multiple resource management plans. We believe that continued and continuous engagement by a broad range of interests is essential, and we plan to build on the participants’ good work through continued deliberations. If you have any questions about any aspect of this important endeavor, please call on me.

Bill Auberle, Principal

wauberle@en3pro.com (928) 380-4780

Attachment

125 East Elm Avenue, Suite 101 Flagstaff, AZ 86001 

# !"#

PROFESSIONALS, LLC energy
environment engineering

2
### §5522. National Aeronautics and Space Administration activities

As part of the Program described in subchapter I, the National Aeronautics and Space Administration shall conduct basic and applied research in networking and information technology, particularly in the field of computational science, with emphasis on aerospace sciences, earth and space sciences, and remote exploration and experimentation.

(Pub. L. 102–194, title II, §202, Dec. 9, 1991, 105 Stat. 1600; Pub. L. 114–329, title I, §105(k), Jan. 6, 2017, 130 Stat. 2983.)

#### **Editorial Notes**

#### Amendments

2017—Pub. L. 114–329 struck out subsec. (a) designation and heading "General responsibilities", substituted "networking and information technology" for "high-performance computing", and struck out subsec. (b) which authorized appropriations for fiscal years 1992 to 1996.
### §657g. Participation in federally funded projects

Any small business concern that is certified, or otherwise meets the criteria for participation in any program under section 637(a) of this title, shall not be required by any State, or political subdivision thereof, to meet additional criteria or certification, unrelated to the capability to provide the requested products or services, in order to participate as a small disadvantaged business in any program or project that is funded, in whole or in part, by the Federal Government.

(Pub. L. 108–447, div. K, title I, §155, Dec. 8, 2004, 118 Stat. 3458.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Small Business Act which comprises this chapter.

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

#### Notice Regarding Participation of Small Business Concerns

Pub. L. 109–59, title X, §10201, Aug. 10, 2005, 119 Stat. 1932, provided that: "The Secretary [of Transportation] shall notify each State or political subdivision of a State to which the Secretary awards a grant or other Federal funds of the criteria for participation by a small business concern in any program or project that is funded, in whole or in part, by the Federal Government under section 155 of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (15 U.S.C. 567g [657g])."