alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014135EN.01000401.xml

| 5.5.2014 | EN | Official Journal of the European Union | C 135/4 |
| --- | --- | --- | --- |

5.5.2014

EN

Official Journal of the European Union

C 135/4

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Judgment of the Court (Third Chamber) of 13 March 2014 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — Finanzamt Dortmund-West v Klinikum Dortmund gGmbH

(Case C-366/12) (1)

1

((Request for a preliminary ruling - Sixth VAT Directive - Exemptions - Article 13A(1)(b) - Supply of goods - Supply of cytostatic drugs for the treatment of outpatients - Services provided by different taxable persons - Article 13A(1)(c) - Provision of medical care - Drugs prescribed by a doctor working in an independent capacity in a hospital - Closely related activities - Services ancillary to the provision of medical care - Activities physically and economically indissociable))

2014/C 135/04

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Finanzamt Dortmund-West

Applicant:

Defendant: Klinikum Dortmund gGmbH

Defendant:

Re:

Re:

Request for a preliminary ruling — Bundesfinanzhof — Interpretation of Article 13A(1)(b) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (OJ 1977 L 145, p. 1) — Concept of activities closely related to hospital and medical care — Activity not constituting a service within the meaning of Article 6 of the directive — Activity carried out by a taxable person other than the person who provides the hospital or medical care — Activity closely related to medical care which is not exempt.

Operative part of the judgment

Operative part of the judgment

A supply of goods, such as the cytostatic drugs at issue in the main proceedings, prescribed in the course of outpatient cancer treatment by doctors working in an independent capacity in a hospital, may not be exempt from value added tax under Article 13A(1)(c) of the 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, as amended by Council Directive 2005/92/EC of 12 December 2005, unless that supply is physically and economically indissociable from the principal supply of medical care, which it is for the referring court to determine.

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(1)  OJ C 366, 24.11.2012.

1

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#### § 532.1 Purpose.

The purpose of this part, pursuant to the Commission's statutory authority, is to exempt non-vessel-operating common carriers (NVOCCs) from the tariff rate publication and adherence requirements of the Shipping Act of 1984, as enumerated herein.

[78 FR 42888, July 18, 2013]
#### § 201.166 Oral argument.

If oral argument before the Administration is desired on exceptions or replies to exceptions to an initial, recommended, or tentative decision, or on a motion, petition, or application, a request therefor shall be made in writing properly addressed to the Administration. Any party may make such request irrespective of his filing exceptions or replies. If a brief on exceptions or replies thereto are filed, the request for oral argument shall be incorporated therein. Requests for oral argument on any motion, petition, or application shall be made in the motion, petition, or application or in the reply thereto. Requests for oral argument will be granted or denied in the discretion of the Administration, and, if granted, the notice of oral argument will set forth the order of presentation and the amount of time to be allotted. Those who appear before the Administration for oral argument should confine their argument to points of controlling importance and shall limit their argument to points upon which exceptions have been filed. Where the facts of a case are adequately and accurately dealt with in the initial, recommended, or tentative decision, parties should, as far as possible, address themselves in argument to the conclusions. Effort should be made by parties taking the same position to agree in advance of the argument upon those who are to present their side of the case. The names of persons who will argue and the amount of time requested by each should be received by the Administration not later than ten (10) days before the date set for the argument. Ordinarily, consolidation of appearances at oral argument will permit the parties' interests to be presented more effectively in the time allotted.
I

104TH CONGRESS

1ST SESSION H. R. 1443

To amend chapter 44 of title 28, United States Code, to provide for

arbitration in all United States district courts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mr. MOORHEAD (for himself, Mr. SENSENBRENNER, Mr. COBLE, Mr.

GOODLATTE, Mr. BONO, Mr. GALLEGLY, and Mr. CANADY of Florida) introduced the following bill; which was referred to the Committee on the

Judiciary

A BILL

To amend chapter 44 of title 28, United States Code, to

provide for arbitration in all United States district

courts, and for other purposes.

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 ‘‘Court Arbitration Au5 thorization Act of 1995’’.

6 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

7 Section 905 of the Judicial Improvements and Access

8 to Justice Act (28 U.S.C. 651 note) is amended in the
2

•HR 1443 IH

1 first sentence by striking ‘‘for each of the fiscal years 1994

2 through 1997’’.

3 SEC. 3. ARBITRATION TO BE ORDERED IN ALL DISTRICT

4 COURTS.

5 (a) AUTHORIZATION OF ARBITRATION.—Section

6 651(a) of title 28, United States Code, is amended to read

7 as follows:

8 ‘‘(a) AUTHORITY.—Each United States district court

9 shall authorize by local rule the use of arbitration in civil

10 actions, including adversary proceedings in bankruptcy, in

11 accordance with this chapter.’’.

12 (b) ACTIONS REFERRED TO ARBITRATION.—Section

13 652(a) of title 28, United States Code, is amended—

14 (1) in paragraph (1)—

15 (A) in the matter preceding subparagraph

16 (A) by striking ‘‘and section 901(c)’’ and all

17 that follows through ‘‘651’’ and inserting ‘‘a

18 district court’’; and

19 (B) in subparagraph (B) by striking

20 ‘‘$100,000’’ and inserting ‘‘$150,000’’; and

21 (2) in paragraph (2) by striking ‘‘$100,000’’

22 and inserting ‘‘$150,000’’.

23 (c) CERTIFICATION OF ARBITRATORS.—Section

24 656(a) of title 28, United States Code, is amended by

25 striking ‘‘listed in section 658’’.
3

•HR 1443 IH

1 (d) REMOVAL OF LIMITATION.—Section 658 of title

2 28, United States Code, and the item relating to such sec3 tion in the table of sections at the beginning of chapter

4 44 of title 28, United States Code, are repealed.

5 SEC. 4. CONFORMING AMENDMENT.

6 Section 901 of the Judicial Improvements and Access

7 to Justice Act (28 U.S.C. 652 note) is amended by strik8 ing subsection (c).

9 SEC. 5. AMENDMENT TO FEDERAL JUDGESHIP ACT OF 1990.

10 Section 203(c) of the Federal Judgeship Act of 1990

11 (28 U.S.C. 133 note) is amended in the last sentence by

12 striking ‘‘effective date of this title’’ and inserting ‘‘date

13 on which the first appointment of a judge to that office

14 is confirmed by the Senate’’.

Æ
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
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# District: 11
Federal Reserve Bank of: Dallas

## Filings received during the week ending December 22, 2007

|Filer                     | Filing Type | Filing Proposal                                                                                                                          | End of Comment Period                          
|------------------------- | ----------- | ---------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------
|CSB FINANCIAL CORPORATION | * 3A1       | CSB Financial Corporation, Miles, Texas, to become a bank holding company by acquiring 100 percent of Citizens State Bank, Miles, Texas. | Newspaper:12/29/2007Federal Register:01/07/2008
|Newspaper:                | 12/29/2007 
|Federal Register:         | 01/07/2008 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
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Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

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Home Banking information and regulation  Accessibility Contact 
  us
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
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New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
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Kansas City
 |
Dallas
 |
San Francisco

# District: 8
Federal Reserve Bank of: St. Louis

## Filings received during the week ending October 13, 2007

|Filer                    | Filing Type | Filing Proposal                                                                                                                                                                              | End of Comment Period                          
|------------------------ | ----------- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------
|HOME BANCSHARES, INC.    | * 3A5       | Home BancShares, Inc., Conway, Arkansas, to merge with Centennial Bancshares, Inc., Little Rock, Arkansas, and thereby indirectly acquire Centennial Bank, Kingsland, Arkansas.              | Newspaper:11/09/2007Federal Register:10/29/2007
|Newspaper:               | 11/09/2007 
|Federal Register:        | 10/29/2007 
|INTEGRA BANK CORPORATION | * 4c8       | Integra Bank Corporation, Evansville, Indiana, to merge with Peoples Community Bancorp, Inc., West Chester, Ohio, and thereby indirectly acquire Peoples Community Bank, West Chester, Ohio. | Newspaper:11/04/2007Federal Register:11/05/2007
|Newspaper:               | 11/04/2007 
|Federal Register:        | 11/05/2007 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

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Home Banking information and regulation  Accessibility Contact 
  us
Repurchase Agreement dated as of October 4, 2004



 Exhibit 10.41 
  
 REPURCHASE AGREEMENT 
  
 This REPURCHASE AGREEMENT (this “Agreement”) is made and shall become effective as of October 4, 2004, by and among Rackable Systems,
Inc., a Delaware corporation (f/k/a Rackable Corporation) (the “Company”), and Rackable Investment LLC, a Delaware limited liability company (“Investor”). 
  
 WHEREAS, prior to the effectiveness of this Agreement, Investor converted
certain of its shares of the Company’s Series A Preferred Stock into shares of the Company’s Series B Preferred Stock and Common Stock; and 
  
 WHEREAS, the Company desires to repurchase from Investor, and Investor desires to sell to the Company, one million six hundred eighty thousand (1,680,000)
shares of the Series B Preferred Stock held by Investor for two million one hundred thousand dollars ($2,100,000). 
  
 NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereby agree as follows: 
  
 1. Repurchase of the Series B Preferred Stock. The Company hereby repurchases from Investor, and Investor hereby sells to the Company, one million six hundred eighty thousand (1,680,000) shares of the Company’s Series B
Preferred Stock in exchange for two million one hundred thousand dollars ($2,100,000), which amount equals the Series B Redemption Price (as defined in the Company’s Amended and Restated Certificate of Incorporation) of such Series B Preferred
Stock. 
  
 2. Consent. The Company acknowledges that
Investor is the holder of all issued and outstanding shares of Series A Preferred Stock and Series B Preferred Stock. Pursuant to the Certificate of Incorporation, Investor hereby gives its written consent to the transactions contemplated hereby.

  
 3. Miscellaneous. 
  
 (a) This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Delaware, without giving any effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction
other than the State of Delaware. 
  
 (b) This Agreement may be
executed in one or more counterparts (including by means of telecopied signature pages), all of which taken together shall constitute one and the same instrument. 
  
 (c) This Agreement contains the entire agreement and understanding among the parties with respect to the subject matter
hereof and supercedes all prior agreements and understandings, whether written or oral, relating to such subject matter in any way. 
  
 * * * * * 
  
 IN WITNESS WHEREOF, the parties hereto have executed this Repurchase Agreement on the date first written above. 
  

			
	COMPANY:
	
	RACKABLE SYSTEMS, INC.
		
	By:	 	/S/    TOM
BARTON        
	Name:	 	Tom Barton
	Title:	 	President and Chief Executive Officer
	
	  
 INVESTOR:

	
	RACKABLE INVESTMENT, LLC
		
	By:	 	Parthenon Investors II, L.P.
	Its:	 	Manager
		
	By:	 	/S/    WILLIAM C.
KESSINGER        
	Name:	 	William C. Kessinger
	Title:	 	Vice President
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001071572
<NAME>                        ANYOX RESOURCES INC.
<MULTIPLIER>                                         1
<CURRENCY>                                  US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-13-1999
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                           2,055
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 2,055
<PP&E>                                               1
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   2,056
<CURRENT-LIABILITIES>                          (2,020)
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                      (14,350)
<OTHER-SE>                                      14,314
<TOTAL-LIABILITY-AND-EQUITY>                   (2,056)
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                14,314
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (14,314)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco

#   Board Actions 

## Actions taken during the week ending February 9, 2008

----

Bank Holding CompaniesRoyal Bank of Canada, Montreal, Canada, and RBC Centura Banks, Inc., Raleigh, North Carolina  -- to acquire Alabama National BanCorporation, Birmingham, Alabama, and its ten subsidiary banks. 					-Approved, February 4, 2008 					

EnforcementSalin Bank and Trust Company, Indianapolis, Indiana  -- written agreement with the Federal Reserve Bank of Chicago and the Indiana Department of Financial Institutions.					-Announced, February 4, 2008 					

Regulations And PoliciesRegulations D (Reserve Requirements of Depository Institutions) and I (Issue and Cancellation of Federal Reserve Bank Capital Stock)  -- publication for comment of amendments that would permit member banks to pass their required reserve balances through a correspondent, simplify transfer limitations on savings deposits, and reorganize and update both regulations (Docket No. R-1307).					-Approved, February 5, 2008 					

Release dates | Full version (300 KB PDF)  Board Actions | Actions   under delegated authority  Applications and reports received:Boston | New York | Philadelphia   | Cleveland | Richmond   | AtlantaChicago | St. Louis | Minneapolis   | Kansas City | Dallas   | San Francisco
Home | Banking information and regulationAccessibility | Contact   usLast update: February 14, 2008
1.
    
    I have reviewed this report on Form 10-Q of Central Federal Corporation;
 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 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 change 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 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 registrants board of directors:
 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: August 16, 2010
    /s/ Eloise L. MackusEloise L. Mackus, Esq.Interim Chief Executive Officer
§ 35.20-7 Verification of vessel compliance with applicable stability requirements—TB/ALL. ( a ) Except as provided in paragraph (d) of this section, after loading and prior to departure and at all other times necessary to assure the safety of the vessel, the master or person in charge shall determine that the vessel complies with all applicable stability requirements in the vessel's trim and stability book, stability letter, Certificate of Inspection, and Load Line Certificate, as the case may be. The vessel may not depart until it is in compliance with these requirements.
( b ) When determining compliance with applicable stability requirements the vessel's draft, trim, and stability must be determined as necessary.
( c ) If a log book is required by § 35.07-5, then the master or person in charge must enter an attestation statement verifying that the vessel complies with the applicable stability requirements at the times specified in paragraph (a) and any stability calculations made in support of the determination must be retained on board the vessel for the duration of the voyage.
( d ) Stability verification is not required for tank barges whose Certificate of Inspection carries draft restrictions for purposes other than stability.
[CGD 88-037, 57 FR 41821, Sept. 11, 1992, as amended by USCG-2014-0688, 79 FR 58280, Sept. 29, 2014]