alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022472EN.01002202.xml

| 12.12.2022 | EN | Official Journal of the European Union | C 472/22 |
| --- | --- | --- | --- |

12.12.2022

EN

Official Journal of the European Union

C 472/22

---

Judgment of the Court (Eighth Chamber) of 27 October 2022 (request for a preliminary ruling from the Bundesfinanzgericht — Austria) — Climate Corporation Emissions Trading GmbH v Finanzamt Österreich

(Case C-641/21) (1)

(Reference for a preliminary ruling - Taxation - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 44 - Point of reference for tax purposes - Transfer of greenhouse gas emission allowances - Recipient involved in VAT evasion in a chain of transactions - Taxable person who knew or should have known about that evasion)

(2022/C 472/27)

Language of the case: German

Referring court

Bundesfinanzgericht

Parties to the main proceedings

Applicant: Climate Corporation Emissions Trading GmbH

Defendant: Finanzamt Österreich

Operative part of the judgment

The provisions of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive 2008/8/EC of 12 February 2008,

must be interpreted as precluding, in the case of a supply of services by a taxable person established in one Member State to a taxable person established in another Member State, the authorities of the former Member State from taking the view that the place of that supply — which, pursuant to Article 44 of Directive 2006/112, as amended by Directive 2008/8, is located in that other Member State — is nonetheless deemed to be located in the former Member State where the supplier knew, or should have known, that he or she was, by that supply, participating in VAT evasion committed by the recipient of that supply in a chain of transactions.

---

(1)  OJ C 51, 31.1.2020.

---
#### The People of the State of New York, Respondent, v Ellis Wimberly, Appellant.

[824 NYS2d 80]

Order, Supreme Court, New York County (Ruth L. Sussman, J.), entered on or about February 28, 2005, which adjudicated defendant a level three sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The People met their burden of establishing various risk factors bearing a sufficient total point score to support a level three sex offender adjudication. Even if defendant’s out-of-state robbery convictions did not qualify as prior *violent*felonies for sex offender classification purposes, they at least qualified as felonies for such purposes *(cf.*Penal Law 10.00 [5]; *People v Parker,*41 NY2d 21 [1976]; *People v Ortiz,*283 AD2d 256 [2001], *lv denied*96 NY2d 922 [2001]). Therefore, even if the court should have assessed 15 points under the criminal history category for a prior felony, instead of 30 points for a prior violent felony, the total would have been 115 points, which is still above the amount required for a level three adjudication.

We have considered and rejected defendant’s remaining arguments regarding this risk factor, as well his challenges to other points assessed by the court. Concur—Mazzarelli, J.E, Friedman, Sullivan, Catterson and Malone, JJ.
Part II, Section A, Item 1(d) – Process Description

TS-C5072P
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

April 16, 2021

In the Matter of

Electric Car Company, Inc. 

File No. 500-1

ORDER OF SUSPENSION OF

TRADING

It appears to the Securities and Exchange Commission that the public interest and the 

protection of investors require a suspension in the trading of the securities of Electric Car 

Company, Inc. (“Electric Car” or the “Company”) (CIK # 0001391117), a Delaware corporation, 

because of questions regarding the accuracy and adequacy of information about the Company 

and its securities in the marketplace, the Company’s operating status, if any, and unusual and 

unexplained trading activity affecting the market for its securities, including: (a) that the 

Company has not filed any reports with the Commission since 2011 or otherwise released any 

information about its operations; (b) the Company’s telephone number listed on its profile page 

on OTC markets belongs to a different company; (c) despite the absence of any publicly 

available news from the Company since 2011, Electric Car’s share price and trading volume 

have greatly increased since January 2021; and (d) the increased share price and trading volume 

coincided with social media posts from late January onward that appear to be attempting to 

influence the market for the stock.
2

The Company’s common stock is quoted and traded on OTC Link, whose parent 

company is OTC Markets Group Inc., under the ticker symbol ELCR. As of April 5, 2021, the 

Company’s common stock had six market makers and was eligible for the “piggyback” 

exception of Exchange Act Rule 15c2-11(f)(3).

The Commission is of the opinion that the public interest and the protection of investors 

require a suspension of trading in the securities of the above-listed Company.

THEREFORE, IT IS ORDERED, pursuant to Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the securities of the above-listed Company is suspended for the 

period from 9:30 a.m. EDT on April 19, 2021, through 11:59 p.m. EDT on April 30, 2021.

By the Commission.

Vanessa A. Countryman

 Secretary
### §450y–2. Grazing within memorial area

The Secretary of the Interior, under such regulations as shall be prescribed by him, which regulations shall be substantially similar to those now in effect, shall permit—

Grazing of livestock within the memorial area to the extent now permitted within the said area when such grazing will not interfere with recreational development authorized by sections 450y to 450y–4 of this title.

(Aug. 18, 1941, ch. 365, §3, 55 Stat. 631; Pub. L. 94–429, §3(f), Sept. 28, 1976, 90 Stat. 1342.)

#### **Editorial Notes**

#### Amendments

1976—Pub. L. 94–429 struck out designation "(a)" before "grazing of livestock" and struck out subsec. (b) which related to the surface use of the land within the memorial area for prospecting and mining.

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

#### Mining Rights Existing Prior to 1976 Amendment

Section 3 of Pub. L. 94–429 provided in part that this section was amended as indicated in order to close area to entry and location under the Mining Law of 1872, subject to valid existing rights.
<PAGE>   1
                                                                   EXHIBIT 10.48

                             AMENDMENT NO. 2 TO THE
                          ABM INDUSTRIES INCORPORATED
                        1987 INCENTIVE STOCK OPTION PLAN
                        (DECEMBER 19, 1994 RESTATEMENT)

     ABM INDUSTRIES INCORPORATED, having established the 1987 Incentive Stock
Option Plan (December 19, 1994 Restatement) (the "Plan"), hereby amends the
Plan, effective as of March 30, 1999 as follows:

     The name of the Plan shall be "Time Vested" Incentive Stock Option Plan.

     IN WITNESS WHEREOF, ABM INDUSTRIES INCORPORATED, by its duly authorized
officer, has executed this Amendment No. 2 on the date indicated below.

                                        ABM INDUSTRIES INCORPORATED

                                        BY: /s/ LORRAINE P. O'HARA
                                           -----------------------------

                                     TITLE: Assistant Secretary
                                           -----------------------------
                                     DATED: March 30, 1999
                                           -----------------------------
IN THE SUPREME COURT OF THE STATE OF DELAWARE 

AARON O. LOWMAN, 

Defendant BelowAppellant, 

v. 

STATE OF DELAWARE, 

Plaintiff BelowAppellee. 

§ 

§ 

§ No. 169, 2016 

§ 

§ 

§ Court Below—Superior Court 

§ of the State of Delaware 

§ 

§ Cr. ID 0907016090 

§ 

§ 

 Submitted: April 12, 2016 

 Decided: April 20, 2016 

Before HOLLAND, VALIHURA, and SEITZ, Justices. 

O R D E R

This 20th day of April 2016, it appears to the Court that: 

(1) On April 4, 2016, the Court received the appellant’s notice of appeal 

from the Superior Court’s order, dated and docketed March 2, 2016, denying the 

appellant’s motion for postconviction relief. Under Supreme Court Rule 6(a)(iv), a 

timely notice of appeal should have been filed on or before April 1, 2016. 

(2) The Clerk issued a notice directing the appellant to show cause why 

the appeal should not be dismissed as untimely.1

 The appellant filed a response to 

 

1Del. Supr. Ct. R. 29(b) (2016). 
2 

the notice to show cause on April 12, 2016. He asserts that he placed his notice of 

appeal in the prison mailbox on March 22, 2016.2

 

(3) This Court, however, has never adopted a prisoner mailbox rule.3 A 

notice of appeal must be received by the Office of the Clerk of this Court within 

the applicable time period in order to be effective.

4

 Time is a jurisdictional 

requirement,5 and an appellant’s pro se status does not excuse a failure to comply 

strictly with the jurisdictional requirements of Supreme Court Rule 6. Unless the 

appellant can demonstrate that the failure to file a timely notice of appeal is 

attributable to court-related personnel, his appeal cannot be considered.6 

(4) Prison personnel are not court-related personnel. Consequently, even 

assuming prison personnel delayed somehow in mailing the appellant’s notice of 

appeal, this case does not fall within the exception to the general rule that mandates 

the timely filing of a notice of appeal. Thus, the Court concludes that the within 

appeal must be dismissed. 

 

2

The appellant also asserts that he did not receive the notarized statement of his prison account, 

which needed to be attached to his in forma pauperis motion, until April 8, 2016 and that this 

should not be held against him. It has not been. The Court’s rule to show cause was limited 

solely to the timeliness of the notice of appeal and did not include the appellant’s in forma 

pauperis motion. 

3

Smith v. State, 47 A.3d 481, 486-87 (Del. 2012). 

4Del. Supr. Ct. R. 10(a) (2016). 

5Carr v. State, 554 A.2d 778, 779 (Del.), cert. denied, 493 U.S. 829 (1989). 

6

Bey v. State, 402 A.2d 362, 363 (Del. 1979). 
3 

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b), 

that the within appeal is DISMISSED. 

BY THE COURT: 

/s/ Collins J. Seitz, Jr.

Justice
[GTC TELECOM CORP. LETTERHEAD]

                                                December 27, 1999


Dear Edwin:

This letter confirms our understanding that you are to be issued 20,000 shares
of GTC Telecom common stock with registration rights.  These shares are issued
to you, in lieu of cash, as payment against $40,000 for services provided in
marketing on behalf of GTC.

Please sign this letter confirming your understanding of the agreement.

Sincerely,


Eric Clemons
/s/ Eric Clemons                                /s/ Edwin Wong
COO                                             Edwin Wong
GTC Telecom
### -82 -80 -78 -76 -74

36 38 40 

## ★ ▲ ▲ ▲ ▲



## ★ ▲ ▲ ▲ ▲ 

### 500 1000 1500 100 18 12 06 00 08/25 

## NOAA HYSPLIT MODEL 

# Backward trajectory ending at 2300 UTC 25 Aug 07

EDAS Meteorological DataSource★at 39.44 N 77.04 WMeters AGL 

## ★ ■ ■ ■ ■



## ★ ■ ■ ■ ■ 

## ★ ● ● ● ●



## ★ ● ● ● ●
§ 778.113 Program termination and regulations sunset. ( a ) *In General.* The Pilot Program shall terminate December 4, 2027, unless Congress extends the authority under 23 U.S.C. 330.
( b ) *Sunset.* Unless Congress extends the authority for the Pilot Program that sunsets 12 years after the date of enactment, this rule shall expire on December 4, 2027.
317369-A | October 8, 2020 9:17 AM

Meeting Friends?

Protect Yourself and Others from COVID-19

Meet outdoors if possible

Protect yourself and your friends the most by doing all three

Wear a mask Stay 6 feet from others

cdc.gov/coronavirus

6 feet
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

ADMINISTRATIVE PROCEEDINGS RULINGS

Release No. 6885/November 28, 2022

ADMINISTRATIVE PROCEEDING

File No. 3-21032

____________________________________

In the Matter of :

:

THE REGISTRATION STATEMENT OF : ORDER

ELECTROPREMIUM :

____________________________________

The hearing in this proceeding was held on September 21, 2022, and the hearing and record 

were closed. The Office of the Secretary of the Securities and Exchange Commission, pursuant to 

17 C.F.R. § 201.351(b), prepared a record index and served a copy of it on the parties on November 

17, 2022. Proposed corrections to the record index were timely filed, pursuant to 17 C.F.R. § 

201.351(b). 

As requested, IT IS ORDERED that the record index is corrected by correcting the 

descriptions of the following six items:

Location / Date Original Text Proposed Corrected Text 

Page 1 / 9/21/2022 

Email from Khurram Afzal 

to SEC Staff Regarding 

Filing Question 

Email from Khurram Afzal 

Regarding Filing Question 

Page 1 / 9/21/2022 

Division’s Exhibit List 1-4 

(Duplicate Copy received 

on 10-07-2022 with 

Division’s Admitted 

attached) 

Division’s Exhibit List 1-4 

(Duplicate Copy received 

on 10-07-2022 with 

Division’s Admitted 

Exhibits attached) 

Page 1 / 9/22/2022 

Transcript of 9/21/2022 of 

Telephonic Pre-Hearing 

Conference, Vol 1-38, New 

York, New York (Amended 

9/27/2022) 

Transcript of 9/21/2022 

Remote Hearing, Vol 1, 1-

38, New York, New York 

(Amended 9/27/2022) 

Page 1 / 10/03/2022 

Email from Khurram Afzal 

to SEC Staff Regarding 

Electronic Signature 

Email from Khurram Afzal 

Regarding Electronic 

Signature 
Page 1 / 10/10/2022 

Email from Khurram Afzal 

to SEC Staff Regarding 

Case Status Update 

Email from Khurram Afzal 

Regarding Case Status 

Update 

Page 2 / 11/02/2022 

Division’s Notice 

Regarding Respondent’s 

Non Opposition to the 

Division Proposed Findings 

of Fact and Conclusions of 

Law with Proposed Order 

Denying Application to 

Withdraw Registration 

Statement 

Division’s Notice 

Regarding Respondent's 

Non-Opposition to the 

Division’s Proposed 

Findings of Fact and 

Conclusions of Law 

attaching Securities and 

Exchange Commission 

Order of October 26, 2022 

Denying Application to 

Withdraw Registration 

Statement 

/S/ Carol Fox Foelak 

Carol Fox Foelak

Administrative Law Judge
### §6518. Authorization of appropriations

There is authorized to be appropriated $660,000,000 for each of fiscal years 2019 through 2023 to carry out—

(1) activities authorized by this subchapter; and

(2) other hazardous fuel reduction activities of the Secretary, including making grants to States, local governments, Indian tribes, and other eligible recipients for activities authorized by law.

(Pub. L. 108–148, title I, §108, Dec. 3, 2003, 117 Stat. 1901; Pub. L. 115–334, title VIII, §8402, Dec. 20, 2018, 132 Stat. 4841.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–334 substituted "$660,000,000 for each of fiscal years 2019 through 2023" for "$760,000,000 for each fiscal year" in introductory provisions.
§ 450.340 Phase-in of new requirements. ( a ) Prior to May 27, 2018, an MPO may adopt a metropolitan transportation plan that has been developed using the SAFETEA-LU requirements or the provisions and requirements of this part. On or after May 27, 2018, an MPO may not adopt a metropolitan transportation plan that has not been developed according to the provisions and requirements of this part.
( b ) Prior to May 27, 2018 (2 years after the publication date of this rule), FHWA/FTA may determine the conformity of, or approve as part of a STIP, a TIP that has been developed using SAFETEA-LU requirements or the provisions and requirements of this part. On or after May 27, 2018 (2 years after the publication date of this rule), FHWA/FTA may only determine the conformity of, or approve as part of a STIP, a TIP that has been developed according to the provisions and requirements of this part, regardless of when the MPO developed the TIP.
( c ) On and after May 27, 2018 (2 years after the issuance date of this rule), the FHWA and the FTA will take action (*i.e.,* conformity determinations and STIP approvals) on an updated or amended TIP developed under the provisions of this part, even if the MPO has not yet adopted a new metropolitan transportation plan under the provisions of this part, as long as the underlying transportation planning process is consistent with the requirements in the MAP-21.
( d ) On or after May 27, 2018 (2 years after the publication date of this rule), an MPO may make an administrative modification to a TIP that conforms to either the SAFETEA-LU or to the provisions and requirements of this part.
( e ) Two years from the effective date of each rule establishing performance measures under 23 U.S.C. 150(c), 49 U.S.C. 5326, and 49 U.S.C. 5329 FHWA/FTA will only determine the conformity of, or approve as part of a STIP, a TIP that is based on a metropolitan transportation planning process that meets the performance based planning requirements in this part and in such a rule.
( f ) Prior to 2 years from the effective date of each rule establishing performance measures under 23 U.S.C. 150(c), 49 U.S.C. 5326, or 49 U.S.C. 5329, an MPO may adopt a metropolitan transportation plan that has been developed using the SAFETEA-LU requirements or the performance-based planning requirements of this part and in such a rule. Two years on or after the effective date of each rule establishing performance measures under 23 U.S.C. 150(c), 49 U.S.C. 5326, or 49 U.S.C. 5329, an MPO may only adopt a metropolitan transportation plan that has been developed according to the performance-based provisions and requirements of this part and in such a rule.
( g ) A newly designated TMA shall implement the congestion management process described in § 450.322 within 18 months of designation.
[81 FR 34135, May 27, 2016, as amended at 81 FR 93473, Dec. 20, 2016; 82 FR 56545, Nov. 29, 2017]
EXHIBIT 32

|                               |                                   |                                                                                                                                                                                                                                                                                                                                                              |
|------------------------------------|----------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                               | Rahaxi,      Inc.                      |
|                               |                                   |                                                                                                                                                                                                                                                                                                                                                              |
| Date:  May      20, 2009 | By:                          | /s/ Paul      Egan                                                        |
|                               | Paul      Egan                         |
|                               | President/Chief      Executive Officer |

|                               |                         |                                                                                                                                                                                                                                                                                                                                              |
|------------------------------------|------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                               | Rahaxi,      Inc.            |
|                               |                         |                                                                                                                                                                                                                                                                                                                                              |
| Date:  May      20, 2009 | By:                | /s/ Ciaran      Egan                                                     |
|                               | Ciaran      Egan             |
|                               | Chief      Financial Officer |
# L_2004174EN.01S00301.xml

| 8.5.2004 | EN | Official Journal of the European Union | L 174/s3 |
| --- | --- | --- | --- |

8.5.2004

EN

Official Journal of the European Union

L 174/s3

---

NOTICE TO READERS

A special edition of the Official Journal of the European Union containing the texts of the Acts of the institutions and of the European Central Bank adopted before accession will be published in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene languages. The volumes of this edition will be issued gradually between 1 May and the end of 2004.

Official Journal of the European Union

Pending publication, the electronic version of the texts is available on EUR-Lex.

The EUR-Lex site is at: http://europa.eu.int/eur-lex/en/accession.html

---
### §5205. Regulations

The Secretary may issue such regulations as are necessary to carry out this chapter.

(Pub. L. 103–322, title XXXII, §320806, Sept. 13, 1994, 108 Stat. 2122.)
cc: Bar Counsel, State Bar of Nevada 

Jon Nathan Owens 

SUPREME COURT 

OF 

NEVADA 

2 

(0) 1947A e