alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013225EN.01001802.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/18 |
| --- | --- | --- | --- |

3.8.2013

EN

Official Journal of the European Union

C 225/18

---

Judgment of the Court (Ninth Chamber) of 30 May 2013 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — Staatssecretaris van Financiën v X BV

(Case C-651/11) (1)

1

(VAT - Sixth Directive 77/388/EEC - Article 5(8) - Concept of ‘transfer of a totality of assets or part thereof’ - Disposal of 30 % of the shares in a company to which the transferor supplies services that are subject to VAT)

2013/C 225/30

Language of the case: Dutch

Referring court

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Parties to the main proceedings

Applicant: Staatssecretaris van Financiën

Applicant:

Defendant: X BV

Defendant:

Re:

Re:

Request for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 5(8) and 6(5) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Taxable transactions — Transfer of a totality of assets and/or of services (or part thereof) — Disposal of 30 % of the shares in a company by a shareholder who, until the date of disposal, supplied services subject to VAT to that company

Operative part of the judgment

Operative part of the judgment

Articles 5(8) and/or 6(5) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment must be interpreted as meaning that the disposal of 30 % of the shares in a company to which the transferor supplies services that are subject to VAT does not amount to the transfer of a totality of assets or services or part thereof within the meaning of those provisions, irrespective of the fact that the other shareholders transfer all the other shares in that company to the same person at practically the same time and that that disposal is closely linked to management activities carried out for that company.

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(1)  OJ C 73, 10.3.2012.

1

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**EXHIBIT32.1**

 

**CEOCERTIFICATION**

 

Pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 USC §1350, as adopted), Joel A. Ronning, the Chief Executive Officer of Digital River, Inc. (the “Company”),hereby certifies that, to the best of his knowledge:

 

**1.****             **The Company’sQuarterly Report on Form 10-Q for the period ended March 31, 2005,and to which this Certification is attached as Exhibit 32.1 fully complieswith the requirements of section 13(a) or section 15(d) ofthe Securities Exchange Act of 1934, and

 

**2.****             **The informationcontained in the Quarterly Report fairly presents, in all material respects,the financial condition and results of operations of the Company for theperiods presented therein.

 

**IN WITNESS WHEREOF**,the undersigned has set his hand hereto as of the 9th day of May 2005.

 
|   |   | /s/ Joel A. Ronning      |
|--------|--------|--------------------------|
|   |   |                     |   |
|   |   | Joel A. Ronning          |   |
|   |   | Chief  Executive Officer |   |

 

 

A signed original ofthis written statement required by Section 906 has been provided toDigital River, Inc. and will be retained by Digital River, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

 

----
#### § 321.2 Cooperation of States in Federal programs.

Under the “Talmadge-Aiken Act” of September 28, 1962 (7 U.S.C. 450), the Administrator is authorized to utilize employees and facilities of any State in carrying out Federal functions under the Federal Meat Inspection Act. A cooperative program for this purpose is called a Federal-State program.

[35 FR 15604, Oct. 3, 1970]
<PAGE>   1
Exhibit 23.1


            CONSENT OF INDEPENDENT AUDITORS


      We consent to the incorporation by reference in this Annual Report (Form
10-K) of Executive Risk Inc. of our report dated February 7, 1997, included in
the 1996 Annual Report to Stockholders of Executive Risk Inc.

      Our audits also included the financial statement schedule of Executive
Risk Inc. listed in Item 14. This schedule is the responsibility of the
Company's management. Our responsibility is to express an opinion based on our
audits. In our opinion, the financial statement schedule referred to above, when
considered in relation to the basic financial statements taken as a whole,
present fairly in all material respects the information set forth therein.

                                                /s/ Ernst & Young LLP

Stamford, Connecticut
February 7, 1997


                                       35
### SUBCHAPTER VII—STANDARD BASKETS AND CONTAINERS
§ 367.53 Service company property purchased or sold. ( a ) When service company property is acquired by purchase, merger, consolidation, liquidation, or otherwise, after the effective date of this system of accounts, the costs of acquisition, including related incidental expenses, must be charged to the appropriate service company property accounts and account 107, Construction work in progress (§ 367.1070), as appropriate.
( b ) If property acquired is in a physical condition so that it is necessary to rehabilitate it substantially in order to bring the property up to the standards of the service company, the cost of the work, except replacements, must be accounted for as a part of the purchase price of the property.
( c ) Unless otherwise authorized by the Commission, all service company property acquired from an affiliate company must be recorded at its book value. Additionally, if property is acquired that is in excess of $10 million and has been previously devoted to public service at a price above book value, the service company must file with the Commission the proposed journal entries associated with the acquisition within six months from the date of acquisition of the property.
( d ) When service company property is sold, conveyed, or transferred to another by sale, merger, consolidation, or otherwise, the book cost of the property sold or transferred to another must be credited to the appropriate service company property accounts. The amounts (estimated, if not known) carried with respect the accounts for accumulated provision for depreciation and amortization must be charged to those accounts. The difference, if any, between the net amount of debits and credits and the consideration received for the property (less commissions and other expenses of making the sale) must be included in account 421.1, Gain on disposition of property (§ 367.4211), or account 421.2, Loss on disposition of property (§ 367.4212).
( e ) In connection with the acquisition of service company property previously devoted to service company operations or acquired from an associate company, the service company must procure, if possible, all existing records relating to the property acquired or related certified copies, and must preserve the records in conformity with regulations or practices governing the preservation of records of its own construction.
**Exhibit 32.1**

 

**CERTIFICATION**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACTOF 2002**

**SUBSECTIONS (a) AND (b) OF SECTION 1350,CHAPTER 63 OF TITLE 18, UNITED STATES CODE**

 

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and(b) of section 1350, chapter 63 of Title 18, United States Code), theundersigned officers of Corgenix Medical Corporation, a Nevada corporation (the“Company”), does hereby certify with respect to the Quarterly Report of we on Form 10-Qfor the quarter ended September 30, 2009 as filed with the Securities anExchange Commission (the “10-Q Report”) that:

 

i.        the 10-Q Report fullycomplies with the guidance of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

ii.     theinformation contained in the 10-Q Report fairly presents, in all materialrespects, the financial condition and results of operations of we.

 

Dated:    November 12, 2009

 

**This Certification is made solely for purposes of 18U.S.C. Section 1350, subject to the knowledge standard contained therein,and not for any other purpose.**

 

**A signed original of this written statement requiredby Section 906 of the Sarbanes-Oxley Act has been provided to we and willbe retained by we and furnished to the Securities and Exchange Commission orits staff upon request. This written statement shall not be deemed to be “filed”as part of the quarterly report on Form 10-Q that it accompanies.**

 
| /s/ Douglass T. Simpson                            |   |
|----------------------------------------------------|--------|
| President and Chief  Executive Officer             |   |
|                                               |   |
| /s/ William H.  Critchfield                        |   |
| Senior Vice President  and Chief Financial Officer |   |

 

----
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.                  

###### Environmental Protection Agency

          - [FRL-9280-1]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice request for public comment.

# SUMMARY:

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement concerning the Grants Chlorinated Solvents Superfund Site, Grants, Cibola County, New Mexico.

The settlement requires the Holiday Cleaners and Laundry to pay a total of $1000.00 as payment of response costs to the Hazardous Substances Superfund plus interest. The settlement includes a covenant not to sue pursuant to Section 107 of CERCLA, 42, U.S.C. 9607.

For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to this notice and will receive written comments relating to the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733.

# DATES:

Comments must be submitted on or before April 13, 2011.

# ADDRESSES:

The proposed settlement and additional background information relating to the settlement are available for public inspection at 1445 Ross Avenue, Dallas, Texas 75202-2733. A copy of the proposed settlement may be obtained from Jamie Bradsher, 1445 Ross Avenue, Dallas, Texas 75202-2733 or by calling (214) 665-7111. Comments should reference the Grants Chlorinated Solvents Superfund Site, Grants, Cibola County, New Mexico and EPA Docket Number 06-07-10, and should be addressed to Jamie Bradsher at the address listed above.

# FOR FURTHER INFORMATION CONTACT:

I-Jung Chiang, 1445 Ross Avenue, Dallas, Texas 75202-2733 or call (214) 665-2160.

Dated: March 4, 2011.

Al Armendariz,

Regional Administrator, Region 6.

[FR Doc. 2011-5835 Filed 3-11-11; 8:45 am]

BILLING CODE 6560-50-P
Exhibit 10.3
 CREDIT FACILITY CONTRACT
 
 
     250,000,000
    March 7, 2012




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    money transfer application
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U.S. Department of Transportation

Federal Aviation

Administration Flight Standards Service Civil Aviation Registry, AFS-700 P.O. Box 25504 Oklahoma City, Oklahoma 73125-0504 (405) 954-3116 WEB Address: http://registry.faa.gov

AFS-700-LTR-1 (01/14) May 12, 2014

Mr. Lucas von Fedak Aviaservice, LLC

PO Box 16841

San Juan PR 00908-6841

Dear Mr. von Fedak:

This is in response to your petition for exemption sent to the public docket (No. FAA2014-0206) petitioning the Federal Aviation Administration (FAA) on behalf of Aviaservice, LLC (Aviaservice) for an exemption from Subpart C §47.65 of Title 14, Code of Federal Aviation Regulations (14 CFR). That exemption, if granted, would

allow Aviaservice to obtain a Dealer’s Ai rcraft Registration Certificate (dealer’s certificate) without meeting the U.S. citizensh ip definition of Title 49 United States Code (49 USC) 40102(a)(15) and 14 CFR §47.2.

As stated in 14 CFR §47.61(b), “A Dealer’s Aircraft Registration Certificate is an

alternative for the Certificate of Aircraft Registration issued under Subpart B (part 47).” Historically, the Civil Aviati on Registry, Aircraft Registra tion Branch (Registry), has interpreted this language to mean that in ma king the decision whether to issue a dealer’s certificate, a favorable determination must be made that finds the applicant is also eligible

for a Certificate of Aircraft Re gistration (aircraft certificate) under Subpart B of part 47. The Registry has consistently applied th e same alternative form of registration requirement, under Subpart B, when consider ing petitions for exemption from the U.S. citizenship requirement of 14 CFR §47.65.

Based on Aviaservice’s petition for exemption, it appears you are awar e that non-citizen limited liability companies are not eligible for a Certificate of Aircraft Registration or a Dealer’s Aircraft Registration Certificate, absent the FAA granting an exemption to the U.S. citizenship requirement of 14 CFR §47.65.

With respect to petitions for exemption of the U.S. citizenship requirement of §47.65, it has been the historical practice of the Regist ry to only grant such exemptions when the petitioner is a non-citizen co rporation. The Registry has granted exemptions to noncitizen corporations because non-citizen cor porations are alternatively eligible for registration under 14 CFR §47.3(a). Unlike non-ci tizen corporations, Aviaservice is a non-citizen LLC that is not alternatively el igible for registration under 14 CFR §47.3(a).2

Based on our review of your petition for ex emption, and the applicable statutes and regulations, the issuance of an exemption from the U.S. citizenship requirement of 14 CFR §47.65, to a non-citizen LLC, would be in consistent with the Federal Aviation Regulations, statutes, and prio r practices of the Registry.

In light of the foregoing, no further action will be taken on your request.

Sincerely,

/s/

John G. Bent Manager, Civil Aviation Registry
II 

116TH CONGRESS 

1ST SESSION S. 822 

To permit the televising of Supreme Court proceedings. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2019 

Mr. DURBIN (for himself, Mr. GRASSLEY, Ms. KLOBUCHAR, and Mr. 

BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To permit the televising of Supreme Court proceedings. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cameras in the Court5 room Act’’. 

6 SEC. 2. AMENDMENT TO TITLE 28. 

7 (a) IN GENERAL.—Chapter 45 of title 28, United 

8 States Code, is amended by inserting at the end the fol9 lowing: 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 822 IS

1 ‘‘§ 678. Televising Supreme Court proceedings 

2 ‘‘The Supreme Court shall permit television coverage 

3 of all open sessions of the Court unless the Court decides, 

4 by a vote of the majority of justices, that allowing such 

5 coverage in a particular case would constitute a violation 

6 of the due process rights of 1 or more of the parties before 

7 the Court.’’. 

8 (b) CLERICAL AMENDMENT.—The chapter analysis 

9 for chapter 45 of title 28, United States Code, is amended 

10 by inserting at the end the following: 

‘‘678. Televising Supreme Court proceedings.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
§ 385.217 Summary disposition (Rule 217). ( a ) *Applicability.* This section applies to: ( 1 ) Any proceeding, or any part of a proceeding, while the Commission is the decisional authority; and
( 2 ) Any proceeding, or part of a proceeding, which is set for hearing under subpart E.
( b ) *General rule.* If the decisional authority determines that there is no genuine issue of fact material to the decision of a proceeding or part of a proceeding, the decisional authority may summarily dispose of all or part of the proceeding.
( c ) *Procedures.* ( 1 ) Any participant may make a motion for summary disposition of all or part of a proceeding.
( 2 ) If a decisional authority, other than the Commission, is considering summary disposition of a proceeding, or part of a proceeding, in the absence of a motion for summary disposition by a participant, the decisional authority will grant the participants an opportunity to comment on the proposed disposition prior to any summary disposition, unless, for good cause shown, the decisional authority provides otherwise.
( 3 ) If, prior to setting a matter for hearing, the Commission is considering summary disposition of a proceeding or part of a proceeding in the absence of a motion for summary disposition by any participant and the Commission determines that notice and comment on summary disposition are practicable and necessary, the Commission may notify the participants and afford them an opportunity to comment on any proposed summary disposition.
( d ) *Disposition.* ( 1 ) ( i ) If a decisional authority, other than the Commission, summarily disposes of an entire proceeding, the decisional authority will issue an initial decision for the entire proceeding.
( ii ) Except as provided under paragraph (d)(1)(iii) of this section, a decisional authority, other than the Commission, which summarily disposes of part of a proceeding may: ( A ) Issue a partial initial decision; or
( B ) Postpone issuing an initial decision on the summarily disposed part and combine it with the initial decision on the entire proceeding or other appropriate part of the proceeding.
( iii ) If the decisional authority, other than the Commission, summarily disposes of part of a proceeding and such disposition requires the filing of new tariff or rate schedule sheets or sections, the decisional authority will issue an initial decision on that part of the proceeding.
( 2 ) Any initial decision issued under paragraph (d)(1) of this section is considered an initial decision issued under subpart G of this part, except that the following rules do not apply: Rule 704 (rights of participants before initial decision), Rule 705 (discretion of presiding officer before initial decision), Rule 706 (initial and reply briefs before initial decision), Rule 707 (oral argument before initial decision), and Rule 709 (other types of decisions).
[Order 225, 47 FR 19022, May 3, 1982; Order 225-A, 47 FR 35956, Aug. 18, 1982, as amended by Order 714, 73 FR 57538, Oct. 3, 2008]
**UNITED
      STATES**


**SECURITIES
      AND EXCHANGE COMMISSION**


**Washington,
      D.C. 20549**





**FORM
      6-K**







**Report
      of Foreign Issuer**


**Pursuant
      to Rule 13a-16 or 15d-16 of** **the
      Securities Exchange Act of 1934**











**For
      the month of March, 2006**





**Commission
      File No. 1-9987**











B
      + H O C E A N C A R R I E R S L T D.


(Translation
      of registrant’s name into English)








3rdFloor,
      Par La Ville Place


**14
      Par-La-Ville Road**


**Hamilton
      HM JX Bermuda**


**(Address
      of principal executive offices)**








Indicate
      by check mark whether the registrant files or will file annual reports under
      cover of Form 20-F or Form 40-F.





Form
      20-F  X   Form
      40-F





Indicate
      by check mark if the registrant is submitting the Form 6-K in paper as permitted
      by Regulation S-T Rule 101(b)(1):




Indicate
      by check mark if the registrant is submitting the Form 6-K in paper as permitted
      by Regulation S-T Rule 101(b)(7):





Indicate
      by check mark whether by furnishing the information contained in this Form,
      the
      registrant is also thereby furnishing the information to the Commission pursuant
      to Rule 12g3-2(b) under the Securities Exchange Act of 1934.





Yes    No X







INFORMATION
      CONTAINED IN THIS FORM 6-K REPORT







Set
      forth
      herein as Exhibit 99.1 is a Press Release Announcing a Retail
      Offering




















**Signatures**








Pursuant
      to the requirements of the Securities Exchange Act of 1934, the registrant
      has
      duly caused this report to be signed on its behalf by the undersigned, thereunto
      duly authorized.







Date  March
      27, 2006





B+H Ocean Carriers, Ltd.


/s/
      Michael S. Hudner


Chief
      Executive Officer
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

As independentregistered public accountants, we hereby consent to the incorporation by reference of the report of Caturano and Company, P.C. (whose name has since been changed to Caturano and Company, Inc.) dated March 31, 2010, on the financial statements ofCambridge Heart, Inc. as of and for the year ended December 31, 2009, included in this Form 10-K, into the Company’s previously filed Registration Statements on Form S-8 (File Nos. 333-12411, 333-93201, 333-72648, 333-85246, 333-108167,333-114304, 333-135972, 333-143980, 333-150202, 333-150203, 333-160041 and 333-165410) and the Company’s previously filed Registration Statements on Form S-3 (File Nos. 333-143091, 333-121915 and 333-106033). 

/s/    Caturano and Company, Inc. 

Boston, Massachusetts 

March 22, 2011