alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017070EN.01001601.xml

| 6.3.2017 | EN | Official Journal of the European Union | C 70/16 |
| --- | --- | --- | --- |

6.3.2017

EN

Official Journal of the European Union

C 70/16

---

Judgment of the General Court of 25 January 2017 — ANKO v Commission

(Case T-771/14) (1)

1

((Arbitration clause - Grant agreement concluded under the Sixth Framework Programme for research, technological development and demonstration activities (2002-2006) - Doc@Hand project - Eligible costs - Counterclaim - Repayment of amounts paid - Default interest))

(2017/C 070/22)

Language of the case: Greek

Parties

Parties

Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos and S. Paliou, lawyers)

Applicant:

Defendant: European Commission (represented by: R. Lyal and P. Arenas, acting as Agents, and by O. Lytra, lawyer)

Defendant:

Re:

Re:

First, application based on Article 272 TFUE and seeking a declaration that the Commission’s demand for reimbursement of an amount paid to the applicant under agreement No 508015 to fund the project entitled ‘Knowledge Sharing and Decision Support for Healthcare Professionals’, concluded under the Sixth Framework Programme of the European Community for research, technological development and demonstration activities (2002-2006) is unfounded, and, secondly, a counterclaim seeking an order against the applicant for repayment of an amount wrongfully paid under that agreement.

Operative part of the judgment

Operative part of the judgment

| 1. | The action brought by ANKO AE Antiprosopeion, Emporiou kai Viomichanias is dismissed; |
| --- | --- |

1.

The action brought by ANKO AE Antiprosopeion, Emporiou kai Viomichanias is dismissed;

| 2. | ANKO AE Antiprosopeion, Emporiou kai Viomichanias is ordered to pay to the European Commission the amount of EUR 296 149,77, plus default interest from 3 May 2014 and until full payment of that amount, at the rate of 3,75 %; |
| --- | --- |

2.

ANKO AE Antiprosopeion, Emporiou kai Viomichanias is ordered to pay to the European Commission the amount of EUR 296 149,77, plus default interest from 3 May 2014 and until full payment of that amount, at the rate of 3,75 %;

| 3. | ANKO AE Antiprosopeion, Emporiou kai Viomichanias is ordered to pay the costs. |
| --- | --- |

3.

ANKO AE Antiprosopeion, Emporiou kai Viomichanias is ordered to pay the costs.

---

(1)  OJ C 65, 23.2.2015.

1

---
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.
 Small Business Administration [Disaster Declaration #11822 and #11823]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Wyoming dated 07/24/2009. *Incident:*
                         Flash Flooding. *Incident Period:*
                         07/03/2009.
 DATES: *Effective Date:*
                         07/24/2009. *Physical Loan Application Deadline Date:*
                         09/22/2009. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         04/26/2010.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center,  14925 Kingsport Road,  Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance,  U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Natrona. *Contiguous Counties:* Wyoming:  Albany, Carbon, Converse, Fremont, Johnson, Washakie. *The Interest Rates are:* PercentHomeowners With Credit Available Elsewhere
4.875Homeowners Without Credit Available Elsewhere
2.437Businesses With Credit Available Elsewhere
6.000Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000Other (Including Non-Profit Organizations) With Credit Available Elsewhere
4.500Businesses and Non-Profit Organizations Without Credit Available Elsewhere
4.000
 The number assigned to this disaster for physical damage is 11822 6 and for economic injury is 11823 0. The State which received an EIDL Declaration # is Wyoming. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: July 24, 2009. Karen G. Mills, Administrator.


[FR Doc. E9-18282 Filed 7-30-09; 8:45 am] BILLING CODE 8025-01-P
§ 1.455-4 Cessation of taxpayer's liability. ( a ) If a taxpayer has elected to apply the provisions of section 455 to a trade or business in connection with which prepaid subscription income is received, and if its liability to furnish or deliver a newspaper, magazine, or other periodical ends for any reason, then so much of the prepaid subscription income attributable to such liability as was not includible in its gross income under section 455 for preceding taxable years shall be included in its gross income for the taxable year in which such liability ends. A taxpayer's liability may end, for example, because of the cancellation of a subscription. See section 381(c)(4) and the regulations thereunder for the treatment of prepaid subscription income in a transaction to which section 381(a) applies.
( b ) If a taxpayer who has elected to apply the provisions of section 455 to a trade or business dies or ceases to exist, then so much of the prepaid subscription income attributable to such trade or business which was not includible in its gross income under section 455 for preceding taxable years shall be included in its gross income for the taxable year in which such death or cessation of existence occurs. See section 381(c)(4) and the regulations thereunder for the treatment of prepaid subscription income in a transaction to which section 381(a) applies.
[T.D. 6591, 27 FR 1799, Feb. 27, 1962]
**EXHIBIT 3.2**

**CERTIFICATE OF AMENDMENT**

**OF**

**THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION**

**OF**

**EVERGREEN SOLAR, INC.**

Evergreen Solar, Inc. (the“Corporation”), a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware, DOES HEREBY CERTIFY: 

**FIRST:** That the Board of Directors of the Corporation, at a meeting of the Board of Directors on November 29, 2010, in accordance with the provisions of Section 141(b) of the GeneralCorporation Law of the State of Delaware, duly adopted a resolution setting forth a proposed amendment to the Certificate of Incorporation of the Corporation, as amended. The resolution setting forth the proposed amendment is as follows: 

**RESOLVED:** That a proposed amendment to the Certificate of Incorporation of the Corporation, as amended (the“Amendment”), effecting a change in the first paragraph of Article FOURTH thereof, so that said first paragraph of Article FOURTH shall read in its entirety as set forth below, is hereby approved, and is recommended to the stockholders ofthe Corporation (the “Stockholders”) for approval as being advisable and in the best interests of the Corporation: 

“FOURTH: The total number of shares of all classes of capital stock which the Corporation shall have authority to issue is267,227,668 shares, consisting of (i) 240,000,000 shares of common stock, with a par value of $0.01 per share (the “Common Stock”) and (ii) 27,227,668 shares of Preferred Stock, with a par value of $0.01 per share (the“Preferred Stock”).” 

**SECOND:**That the stockholders of the Corporation duly approved such resolution atthe annual meeting of stockholders held on February 9, 2011 by affirmative vote of the majority of shares present in person or represented by proxy and entitled to vote on the subject matter in accordance with the provisions of Section 216of the General Corporation Law of the State of Delaware. 

**THIRD:** That said amendment was duly adopted in accordancewith the provisions of Sections 216 and 242 of the General Corporation Law of the State of Delaware. 

**FOURTH:** That thisCertificate of Amendment shall be effective as of 12:01 a.m. on January 1, 2011. 

**IN WITNESS WHEREOF,** theCorporation has caused this Certificate of Amendment to be executed by its duly authorized officer this 14th day of February 2011.
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a xt o n v. Co a s t a l Di a l

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. June 17, 2019C o u r t o f A p p e a l s o f t h e S t a t e o

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.

, C l e r k

. 06/17/2019
427 A.2d 1231

#### Alberts v. Alberts, Appellant.

Submitted December 6, 1979.

Edward J. Hughes, for appellant;

Louis Sager, for appellee.

Before BROSKY, WICKERSHAM and ROBERTS, JJ.*

*

 Justice Samuel J. Roberts of the Supreme Court of Pennsylvania, is sitting by designation.

The decision of the lower court is affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1190

TONY BERT TANG,

Petitioner,

v.

ERIC H. HOLDER, JR., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: September 19, 2014 Decided: October 2, 2014

Before WYNN and FLOYD, Circuit Judges, and DAVIS, Senior Circuit 

Judge.

Petition denied by unpublished per curiam opinion.

Oleh R. Tustaniwsky, Brooklyn, New York, for Petitioner. Stuart 

F. Delery, Assistant Attorney General, Mary Jane Candaux, 

Assistant Director, Robbin K. Blaya, Office of Immigration 

Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, 

D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Tony Bert Tang, a native and citizen of Indonesia, 

petitions for review of an order of the Board of Immigration 

Appeals (“Board”) dismissing his appeal from the immigration 

judge’s decision denying his requests for asylum and withholding 

of removal.*

 We have thoroughly reviewed the record, including 

the various documentary exhibits relevant to country conditions 

in Indonesia and the transcript of Tang’s merits hearing. We 

conclude that the record evidence does not compel a ruling 

contrary to any of the administrative findings of fact, see 8 

U.S.C. § 1252(b)(4)(B) (2012), and that substantial evidence 

supports the Board’s decision. See INS v. Elias–Zacarias, 502 

U.S. 478, 481 (1992). Accordingly, we deny the petition for 

review for the reasons stated by the Board. See In re: Tang

(B.I.A. Feb. 5, 2014). We dispense with oral argument because 

the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the 

decisional process.

PETITION DENIED

 * Tang does not challenge the denial of relief under the 

Convention Against Torture. Accordingly, review of that issue 

is waived. Ngarurih v. Ashcroft, 371 F.3d 182, 189 n.7 (4th 

Cir. 2004).
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.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-70,303]

Pursuant to Section 223 of the Trade Act of 1974, as amended, an investigation was initiated on May 20, 2009 in response to a worker petition filed on behalf of workers of Bentex Mills Inc., Greensboro, North Carolina.

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed in Washington, DC, this 17th day of July 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-18178 Filed 7-29-09; 8:45 am]

BILLING CODE 4510-FN-P
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#### § 1.162-9 Bonuses to employees.

Bonuses to employees will constitute allowable deductions from gross income when such payments are made in good faith and as additional compensation for the services actually rendered by the employees, provided such payments, when added to the stipulated salaries, do not exceed a reasonable compensation for the services rendered. It is immaterial whether such bonuses are paid in cash or in kind or partly in cash and partly in kind. Donations made to employees and others, which do not have in them the element of compensation or which are in excess of reasonable compensation for services, are not deductible from gross income.
#### Edna M. Zimmerman et al. *v.*Betty P. Wallman et al.

King, O. J., Alcokn, House, Thim and Ryan, Js.

Argued June 5

decided June 6, 1968

*Milton H. Belinkie,*with whom, on the brief, were *Joseph G. Shapiro*and *John H. Welch, Jr.,*for the appellants (defendants).

*Theodore I. Kosleoff,*with whom was *Mitchell Fenton,*for the appellee (named plaintiff).

Per Curiam.

On the evidence presented, the jury could reasonably find that the damages awarded constituted fair, just and reasonable com*638pensation for the injuries the named plaintiff sustained. Accordingly, there was no error in the refusal of the court to set the verdict aside. *Schaller*v. *Roadside Inn, Inc.,*154 Conn. 61, 68, 221 A.2d 263; *Lopez*v. *Price,*145 Conn. 560, 564, 569, 145 A.2d 127.

There is no error.
§ 1.151-3 Definitions. ( a ) *Child.* For purposes of sections 151(e), 152, and the regulations thereunder, the term “child” means a son, stepson, daughter, stepdaughter, adopted son, adopted daughter, or for taxable years beginning after December 31, 1958, a child who is a member of an individual's household if the child was placed with the individual by an authorized placement agency for legal adoption pursuant to a formal application filed by the individual with the agency (see paragraph (c)(2) of § 1.152-2), or, for taxable years beginning after December 31, 1969, a foster child (if such foster child satisfies the requirements set forth in paragraph (b) of § 1.152-1 with respect to the taxpayer) of the taxpayer.
( b ) *Student.* For purposes of section 151(e) and section 152(d), and the regulations thereunder, the term “student” means an individual who during each of 5 calendar months during the calendar year in which the taxable year of the taxpayer begins is a full-time student at an educational institution or is pursuing a full-time course of institutional on-farm training under the supervision of an accredited agent of an educational institution or of a State or political subdivision of a State. An example of “institutional on-farm training” is that authorized by 38 U.S.C. 1652 (formerly section 252 of the Veterans' Readjustment Assistance Act of 1952), as described in section 252 of such act. A full-time student is one who is enrolled for some part of 5 calendar months for the number of hours or courses which is considered to be full-time attendance. The 5 calendar months need not be consecutive. School attendance exclusively at night does not constitute full-time attendance. However, full-time attendance at an educational institution may include some attendance at night in connection with a full-time course of study.
( c ) *Educational institution.* For purposes of sections 151(e) and 152, and the regulations thereunder, the term “educational institution” means a school maintaining a regular faculty and established curriculum, and having an organized body of students in attendance. It includes primary and secondary schools, colleges, universities, normal schools, technical schools, mechanical schools, and similar institutions, but does not include noneducational institutions, on-the-job training, correspondence schools, night schools, and so forth.
[T.D. 6500, 25 FR 11402, Nov. 26, 1960, as amended by T.D. 7051, 35 FR 11020, July 9, 1970]
#### § 1.261-1 General rule for disallowance of deductions.

In computing taxable income, no deduction shall be allowed, except as otherwise expressly provided in Chapter 1 of the Code, in respect of any of the items specified in Part IX (section 262 and following), Subchapter B, Chapter 1 of the Code, and the regulations thereunder.