alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012287EN.01004101.xml

| 22.9.2012 | EN | Official Journal of the European Union | C 287/41 |
| --- | --- | --- | --- |

22.9.2012

EN

Official Journal of the European Union

C 287/41

---

Order of the Civil Service Tribunal (First Chamber) of 12 July 2012 — Conticchio v Commission

(Case F-22/11) (1)

1

(Civil service - Officials - Pensions - Calculation of pension rights - Classification by step - Preliminary plea of illegality - Whether admissible)

2012/C 287/75

Language of the case: Italian

Parties

Parties

Applicant: Rosella Conticchio (Rome, Italy) (represented by: R. Giuffrida and A. Tortora, lawyers)

Applicant:

Defendant: European Commission (represented by: J. Currall and D. Martin, Agents, and A. Dal Ferro, lawyer)

Defendant:

Re:

Re:

Application by Ms Conticchio for annulment of the decision relating to the grant and payment of her pension rights.

Operative part of the order

Operative part of the order

| 1. | The action brought by Ms Conticchio is dismissed as being in part manifestly inadmissible and in part manifestly unfounded. |
| --- | --- |

1.

The action brought by Ms Conticchio is dismissed as being in part manifestly inadmissible and in part manifestly unfounded.

| 2. | Each party shall bear its own costs. |
| --- | --- |

2.

Each party shall bear its own costs.

---

(1)  OJ C 139, 7.5.2011, p. 31.

1

---
#### § 115.840 Additional tests and inspections.

The cognizant OCMI may require that a vessel and its equipment undergo any additional test or inspection deemed reasonable and necessary to determine that the vessel and its equipment are suitable for the service in which they are to be employed.
#### Smith v. East River Ferry Company.

*Negligence—duty of ferry company to furnish safe approaches*— *Notice of danger*— *taking ferriage.*

In an action brought against a ferry company for the loss of a horse, caused by defendants’ negligence, the court charged that it was the duty of defendants to use all improved and perfect means and implements and appliances to boats, bridges, and the approaches thereof. *Held,*correct.

There was evidence that the ferry-master gave notice to those driving horses that if any body went on to the bridge by which the boat was approached they would have to do it at their own risk. The court charged, if such notice was given and yet ferriage was taken from persons who heard it, and their vehicles passed through the gate to the bridge and boat, the notice was of no avail. *Held,*correct.

Appeal by defendant from a judgment in favor of plaintiffs entered upon the verdict of a jury.

*690The action was brought in Queens county by John Smith and another against the East River Ferry Company to recover for the loss of a horse by reason of injuries received through defendants’ negligence.

*John Berry,*for appellant.

*James W. Covert,*for respondents.

Talcott, J.

The head-note fully states all the points passed upon in the opinion.

*Judgment affirmed.*
# C_2011282EN.01001301.xml

| 24.9.2011 | EN | Official Journal of the European Union | C 282/13 |
| --- | --- | --- | --- |

24.9.2011

EN

Official Journal of the European Union

C 282/13

---

Action brought on 13 July 2011 — European Commission v Ireland

(Case C-374/11)

2011/C 282/24

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: E. White, I. Hadjiyiannis, A. Marghelis, agents)

Applicant:

Defendant: Ireland

Defendant:

The applicant claims that the Court should:

The applicant claims that the Court should:

| — | declare that, by failing to take the necessary measures to comply with the judgment of this Court in Case C-188/08 Commission v Ireland, Ireland has failed to fulfil its obligations wider Article 260 TFEU; |
| --- | --- |

—

declare that, by failing to take the necessary measures to comply with the judgment of this Court in Case C-188/08 Commission v Ireland, Ireland has failed to fulfil its obligations wider Article 260 TFEU;

| — | order Ireland to pay to the Commission a lump sum of EUR 4 771,20 multiplied by the number of days between the judgment in Case C-188/08 and the judgment in the present proceedings (or full compliance by Ireland with the judgment in Case C-188/08 if that should be achieved during the pendency of these proceedings); |
| --- | --- |

—

order Ireland to pay to the Commission a lump sum of EUR 4 771,20 multiplied by the number of days between the judgment in Case C-188/08 and the judgment in the present proceedings (or full compliance by Ireland with the judgment in Case C-188/08 if that should be achieved during the pendency of these proceedings);

| — | order Ireland to pay to the Commission a daily penalty payment of EUR 26 173,44 from the date of the judgment in the present proceedings to the date of compliance by Ireland with the judgment in Case C-188/08; and |
| --- | --- |

—

order Ireland to pay to the Commission a daily penalty payment of EUR 26 173,44 from the date of the judgment in the present proceedings to the date of compliance by Ireland with the judgment in Case C-188/08; and

| — | order Ireland to pay the costs of this action. |
| --- | --- |

—

order Ireland to pay the costs of this action.

Pleas in law and main arguments

Pleas in law and main arguments

More than one and a half years have elapsed since the Court’s judgment in Case C-188/08. The Commission considers that this should have been sufficient time for Ireland to comply with the judgment of the Court. It notes, indeed, that Ireland announced that it intended to have the required legislation adopted by the end of 2010. However that goal has not been respected and Ireland does not appear to be close to achieving full compliance. Accordingly, the Commission considers that Ireland has failed to satisfy its obligation under Article 260(1) TFEU.

---
#### § 129.450 Portable lighting.

Each vessel must be equipped with at least two operable, portable, battery-powered lights. One of these lights must be located in the pilothouse, another at the access to the engine room.
<TABLE> <S> <C>

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</TABLE>
§ 138.310 Internal audits for a TSMS certificate. ( a ) Internal management audits must be conducted annually, within 3 months of the anniversary date of the TSMS certificate, to ensure the owner or managing operator is effectively implementing all elements of their TSMS.
( b ) The internal management audit must ensure that management has implemented the TSMS throughout all levels of the organization, including audits of all the owner or managing operator's towing vessels to which a TSMS applies to ensure implementation at the operational level.
( c ) The results of internal audits must be documented and maintained for a period of 5 years and made available to the Coast Guard upon request.
( d ) Internal auditors: ( 1 ) Must have knowledge of the management, its SMS, and the standards contained in this subchapter;
( 2 ) Must have completed an ANSI/ISO/ASQ Q9001-2000 or ISO 9001:2008(E) (incorporated by reference, see § 136.112 of this subchapter) internal auditor/assessor course or Coast Guard-recognized equivalent;
( 3 ) May not be the designated person, or any other person, within the organization that is responsible for development or implementation of the TSMS; and
( 4 ) Must be independent of the procedures being audited, unless this is impracticable due to the size and the nature of the organization.
----

See Figure 4 for view orientation.  Note that there are no visible high-backscatter dredged material deposits. Scale across bottom of image is about 8.5 km.

Top of pageBeginning of OFR 00-124URL: http://geopubs.wr.usgs.gov/open-file/of00-124/fig6.htmlMaintainer: SusanA. CochranLast modified: 13 Dec 2000
U.S. Department of the Interior,U.S.Geological Survey,Western RegionCoastal and Marine Geology
§ 84.2 Application. ( a ) This part applies to each recipient of Federal financial assistance from the Department and to the recipient's programs or activities that involve individuals with disabilities in the United States. This part does not apply to the recipient's programs or activities outside the United States that do not involve individuals with disabilities in the United States.
( b ) The requirements of this part do not apply to the ultimate beneficiaries of any program or activity operated by a recipient of Federal financial assistance.
( c ) Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to continue to give maximum effect to the provision permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event the provision shall be severable from this part and shall not affect the remainder thereof or the application of the provision to other persons not similarly situated or to other dissimilar circumstances.
[89 FR 40180, May 9, 2024]
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.016-4 Marking. ( a ) Flame safety lamps shall be permanently and legibly marked with the name and address of the manufacturer and the type or model designation for the lamp.
( b ) [Reserved]
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d byN i nth C i r c ui tR ul e 36- 3.

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- A pp el l ee , v. RE I NH OLD V . SOM M ER ST EDT, D e f

e n d a n t - A p p e llan t. N o. 10- 17563 D . C . N o . 2 : 0 6 -cv -0 0 2 7 3 -R C JG WF ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

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Judge , P r e s i di ng S ubm i tt e d S e pt e m be r10, 2012 ** B efo re: W A R D L A W , C L IF T O N , an dN . R . S M IT H , C i rcu i tJu d g es. R ei nh ol d V . S om m er st edtappeal s pro se fr om the di stri ctcourt ’ s order ho l di ng hi m i n ci vi l cont em ptfor f ai l i ng t o o bey i t s order s r equi ri ng hi m t o fi l e a c e rt i f i c a t i on of

c om pl i a nc e s t a t i ng tha the not i f i e d c us t om e r s of

the unde r l y i ng 

# FI LED SEP 25 2012 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 17563 2 s um m a ryj udgm e nta nd i nj unc t i on a ga i ns thi m . W e ha ve j ur i s di c t i on unde r28 U .S .C . § 1 2 9 1 . W e r e v ie w f o ra n ab u s e o f

d is c r e tio n ac iv il c o n te m p t o r d e r . I rw in v . M a s c o tt , 3 7 0 F .3 d9 2 4 , 9 3 1 ( 9 th C ir . 2 0 0 4 ) . W e a f f irm . T h e d is tr ic t c o u rt d idn o t ab u s e its d is c r e tio n w h e n it f o u n dS o m m e r s te d t in cont em ptfor hi s f

ai l ure t o com pl y w i th i t s order s r equi ri ng hi m t o fi l e a ce rt i fi ca t i on st at i ng hi s c om pl i ance w i th the un derl yi ng i nj un ct i on ’ s c ust om er n o tif ic a tio n r e qu ir e m e n t. Se e id . ( pe r s on s ubj e c tt o i nj unc t i on ge ne r a l l ym a ynot c o n te s t its law f

u ln e s s b yd is o b e y in g it) . U n d erth e law o f th e c as e d o ctrin e, w e d o n o t co n sid erS o m m er sted t’ s chal l enges t o the di stri ctcourt ’ s und er l yi ng sum m ary j ud gm entfor the U ni t ed S ta te s o rto th e r e s u ltin g in ju n c tio n ’s c u s to m e rn o tif ic a tio n r e q u ir e m e n t. Se e L es lie Sa l t C o. v. U ni ted States , 55 F . 3d 1388, 1392 ( 9th C i r . 1995) ( “ U nde rl a w of the ca se do ctri ne, . . . on e panelof an appel l at e c ou rtw i l l no tre consi der m att er s r e s o lv e din ap r io rap p e a l to a n o th e rp a n e l inth e s a m e c a s e .” ) . AF F I RME D.
Exhibit 32.1

                   CERTIFICATION PURSUANT TO SECTION 906
                     OF THE SARBANES-OXLEY ACT OF 2002

  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

                                PURSUANT TO
                           18 U.S.C. SECTION 1350,
                           AS ADOPTED PURSUANT TO
              SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Timothy Shea, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of Sarbanes-Oxley Act of 2002, that the Quarterly
Report of SurgiLight, Incorporated on Form 10-QSB for the quarterly period
ended September 30, 2007 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Quarterly Report fairly presents in all material respects
the financial condition and results of operations of SurgiLight, Inc.

						/s/ Timothy Shea
                                                ----------------
                                                Timothy Shea
                                                President
                                                November 14, 2007

I, Mark Murphy, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of Sarbanes-Oxley Act of 2002, that the Quarterly
Report of SurgiLight, Incorporated on Form 10-QSB for the quarterly period
ended September 30, 2007 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information
contained in such Quarterly Report fairly presents in all material respects
the financial condition and results of operations of SurgiLight, Inc.

						/s/ Mark Murphy
                                                ----------------
                                                Mark Murphy
                                                CFO
                                                November 14, 2007
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

VERA A. HOUSTON,

Plaintiff, Case no. 14-14426

Honorable John Corbett O’Meara

v.

COMMISSIONER OF SOCIAL 

SECURITY,

Defendant.

____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

On August 25, 2015 Magistrate Judge Patricia T. Morris issued a report and

recommendation. No objections have been filed by the parties. The court having

conducted a thorough review of the entire file;

IT IS HEREBY ORDERED that the report and recommendation is

ADOPTED as the court’s findings and conclusions. 

s/John Corbett O’Meara 

United States District Judge

Date: September 30, 2015

4:14-cv-14426-JCO-PTM Doc # 16 Filed 09/30/15 Pg 1 of 2 Pg ID 423
I hereby certify that a copy of the foregoing document was served upon

counsel of record on this date, September 30, 2015, using the ECF system.

s/William Barkholz 

Case Manager

2

4:14-cv-14426-JCO-PTM Doc # 16 Filed 09/30/15 Pg 2 of 2 Pg ID 424
STEAM ELECTRIC CBI REPLACEMENT PAGE 

EPA-HQ-OW-2009-0819 

DCN: SE01010

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
Exhibit 32.1

Certificate pursuant to 18 U.S.C. Section 1350, as adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly
Report of Capitol City Bancshares, Inc. (the Company) on Form 10-Q for the period ending September 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, George G. Andrews,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|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 results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ George G. AndrewsGeorge G. Andrews, Chief Executive Officer and Director


November 13, 2009
#### § 12.707 Student observers.

Students in technical schools who are enrolled in courses in marine management, naval architecture, and ship operations, and who present a letter or other documentary evidence that they are enrolled, will be issued an MMC endorsed as “student observer—any department” and may be signed on ships as such. Students holding these endorsements will not take the place of any of the crew, or replace any of the regular required crew.
# C_2012025EN.01003101.xml

| 28.1.2012 | EN | Official Journal of the European Union | C 25/31 |
| --- | --- | --- | --- |

28.1.2012

EN

Official Journal of the European Union

C 25/31

---

Reference for a preliminary ruling from the Vrhovno Sodišče Republike Slovenije (Republic of Slovenia) lodged on 25 October 2011 — Jožef Grilc v Slovensko zavarovalno združenje GIZ

(Case C-541/11)

(2012/C 25/54)

Language of the case: Slovenian

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings

Applicant: Jožef Grilc

Defendant: Slovensko zavarovalno združenje GIZ

Question referred

Where a person has suffered damage as a result of a road traffic accident that occurred in a Member State other than his State of residence and was caused by a vehicle insured and normally based in a Member State, must the second subparagraph of Article 6(1) of Directive 2000/26/EC (1) be interpreted as meaning that the compensation body of the Member State of residence of the injured party has the capacity to be a party to legal proceedings instituted by the injured party in order to obtain compensation if, within three months of the injured party’s presenting his claim to the insurance undertaking responsible for the vehicle which caused the damage or its claims representative, neither the insurance undertaking nor its claims representative has provided a reasoned reply to the claim?

---

(1)  OJ 2000 L 181, p. 65.

---
EXHIBIT 13
 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICER
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 results of operations of the Company.
  By:
    
    /s/ Daniel BorislowDaniel BorislowPresident and Chief Executive OfficerBy:
    
    /s/ Peter RussoPeter RussoChief Financial Officer and Treasurer
# C_2012080EN.01000801.xml

| 17.3.2012 | EN | Official Journal of the European Union | C 80/8 |
| --- | --- | --- | --- |

17.3.2012

EN

Official Journal of the European Union

C 80/8

---

Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 30 November 2011 — Niederösterreichische Landes-Landwirtschaftskammer v Anneliese Kuso

(Case C-614/11)

2012/C 80/10

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:

Question referred

Question referred

Does Article 3(1)(a) and (c) of Directive 76/207/EEC, (1) as amended by Directive 2002/73/EC, preclude national legislation under which discrimination on grounds of sex in connection with the termination of an employment relationship which is effected solely by lapse of time pursuant to a fixed-term individual employment contract entered into before the entry into force of the above directive (in this case before Austria’s accession to the European Union) is to be examined not on the basis of a contractual provision stipulating the fixed term to be a ‘condition governing dismissal’ but only in connection with the rejection of the request for a contract extension as a ‘condition governing recruitment’?

1

---

(1)  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 L 39, 14.2.1976, p. 40, and amended by Directive 2002/73/EC of the European Parliament and the Council of 23 September 2002.

1

---
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.983 Termination procedures. Upon completion of the transfer operation, the person in charge of cargo transfer shall ensure that: ( a ) The cargo transfer connections are closed off;
( b ) The transfer lines and hoses are drained of cargo, either into the tank or back to the transfer terminal;
( c ) Any electrical bonding between the vessel and the shore facility is broken only after the cargo hose is disconnected and all spills removed; and
( d ) Each vent system is returned to its nonloading configuration.