alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016402EN.01001201.xml

| 31.10.2016 | EN | Official Journal of the European Union | C 402/12 |
| --- | --- | --- | --- |

31.10.2016

EN

Official Journal of the European Union

C 402/12

---

Judgment of the Court (Fourth Chamber) of 28 July 2016 (request for a preliminary ruling from the Sąd Rejonowy dla Łodzi — Śródmieścia w Łodzi — Poland) — JZ v Prokuratura Rejonowa Łódź — Śródmieście

(Case C-294/16) (1)

1

((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - Article 26(1) - European arrest warrant - Effects of the surrender - Deduction of the period of detention served in the executing Member State - Concept of ‘detention’ - Measures involving a restriction of liberty other than imprisonment - Curfew in conjunction with the wearing of an electronic tag - Charter of Fundamental Rights of the European Union - Articles 6 and 49))

(2016/C 402/15)

Language of the case: Polish

Referring court

Referring court

Sąd Rejonowy dla Łodzi — Śródmieścia w Łodzi

Parties to the main proceedings

Parties to the main proceedings

Applicant: JZ

Applicant:

Defendant: Prokuratura Rejonowa Łódź — Śródmieście

Defendant:

Operative part of the judgment

Operative part of the judgment

Article 26(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as meaning that measures such as a nine-hour night-time curfew, in conjunction with the monitoring of the person concerned by means of an electronic tag, an obligation to report to a police station at fixed times on a daily basis or several times a week, and a ban on applying for foreign travel documents, are not, in principle, having regard to the type, duration, effects and manner of implementation of all those measures, so restrictive as to give rise to a deprivation of liberty comparable to that arising from imprisonment and thus to be classified as ‘detention’ within the meaning of that provision, which it is nevertheless for the referring court to ascertain.

---

(1)  OJ C 296, 16.8.2016.

1

---
# C_2015155EN.01003502.xml

| 11.5.2015 | EN | Official Journal of the European Union | C 155/35 |
| --- | --- | --- | --- |

11.5.2015

EN

Official Journal of the European Union

C 155/35

---

Action brought on 19 March 2015 — Intesa Sanpaolo v OHIM (WAVE TO PAY)

(Case T-130/15)

(2015/C 155/42)

Language of the case: Italian

Parties

Parties

Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi and F. Cecchi, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Trade mark at issue: Community figurative mark containing the word elements ‘WAVE TO PAY’ — Application for registration No 12 258 141

Trade mark at issue:

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 19 January 2015 in Case R 1864/2014-5

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare that there was a breach and incorrect application of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009; |
| --- | --- |

—

declare that there was a breach and incorrect application of Article 7(1)(b) and (c) and (2) of Regulation No 207/2009;

| — | declare that there was a breach of Article 75 of Regulation No 207/2009, and also that there were contradictions in the contested decision; and consequently






  — | annul the contested decision; |
| --- | --- | --- |

—

declare that there was a breach of Article 75 of Regulation No 207/2009, and also that there were contradictions in the contested decision; and consequently

—

annul the contested decision;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law

Pleas in law

The pleas in law and main arguments are the same as those relied on in Case T-129/15.

---
# C_2017249EN.01001001.xml

| 31.7.2017 | EN | Official Journal of the European Union | C 249/10 |
| --- | --- | --- | --- |

31.7.2017

EN

Official Journal of the European Union

C 249/10

---

Judgment of the Court (Ninth Chamber) of 8 June 2017 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Sharda Europe BVBA v Administración del Estado, Syngenta Agro SA

(Case C-293/16) (1)

((Reference for a preliminary ruling - Agriculture - Placing of plant protection products on the market - Directive 2008/69/EC - Article 3(2) - Procedure for re-evaluation, by the Member States, of authorised plant protection products - Time limit - Divergence between the different language versions))

(2017/C 249/13)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: Sharda Europe BVBA

Defendants: Administración del Estado, Syngenta Agro SA

Operative part of the judgment

The first subparagraph of Article 3(2) of Commission Directive 2008/69/EC of 1 July 2008 amending Council Directive 91/414/EEC to include clofentezine, dicamba, difenoconazole, diflubenzuron, imazaquin, lenacil, oxadiazon, picloram and pyriproxyfen as active substances, must be interpreted as meaning that the date of 31 December 2008 to which it refers corresponds, for an already authorised plant protection product containing one of the active substances listed in the Annex to that directive, to the deadline by which all the active substances contained in that plant protection product, other than those listed in the Annex to Directive 2008/69, must have been included on the list in Annex I to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, in order for an obligation to carry out the re-evaluation of that product, provided for in the first subparagraph of Article 3(2), to arise.

---

(1)  
  OJ C 305, 22.8.2016.

---
Exhibit 10.5

AMENDMENT No. 2 to EMPLOYMENT AGREEMENT
between
TENFOLD CORPORATION and NANCY M. HARVEY

This Amendment No. 2 to Employment Agreement between TenFold Corporation (the "Company") and Nancy M. Harvey ("Employee"), dated January 11, 2001
(the "Amendment") is effective as of May 22, 2002.

For
value received, the sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Employment Agreement between TenFold Corporation and Nancy M. Harvey (the
"Agreement") as follows. The capitalized terms used below shall have the meaning assigned to them in the Agreement, unless specifically defined in this Amendment. Any conflict between the Agreement
and this Amendment shall be governed by this Amendment.

The
parties hereby agree that, notwithstanding any provision of the Agreement to the contrary, the coverage limits for the Company's directors and officers insurance may be reduced from
ten million dollars ($10,000,000) to five million dollars ($5,000,000), effective immediately. Therefore, the parties agree that paragraph 13 (I) (iv) of the
Agreement is hereby superseded and replaced in its entirety as set forth below.



Except
for the specific amendments set forth above, all terms and conditions of the Agreement shall remain in full force and effect.

This
Amendment constitutes the entire agreement of the parties as to its subject matter and supersedes all oral negotiations and prior writings with respect to such subject matter. This
Amendment may not be further amended, modified or canceled except by a writing duly executed by both parties hereto.

The
parties have executed this Amendment No. 2 as of the effective date written above.

| |  | TenFold Corporation:
| |  | --------------------
| |  | By:                 
| |  | Employee:           
| |  | By:                 

1

---

QuickLinks
115TH CONGRESS 

1ST SESSION S. 1083 

AN ACT 

To amend section 1214 of title 5, United States Code, to 

provide for stays during a period that the Merit Systems 

Protection Board lacks a quorum. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 1083 ES

1 SECTION 1. STAYS BY MSPB DURING PERIODS WITH NO 

2 QUORUM. 

3 Section 1214(b)(1)(B) of title 5, United States Code, 

4 is amended— 

5 (1) by inserting ‘‘(i)’’ before ‘‘The Board may’’; 

6 and 

7 (2) by adding at the end the following: 

8 ‘‘(ii) If the Board lacks the number of members ap9 pointed under section 1201 required to constitute a 

10 quorum, any remaining member of the Board who was ap11 pointed, by and with the advice and consent of the Senate, 

12 shall, upon request by the Special Counsel, extend the pe13 riod of any stay granted under subparagraph (A).’’. 

Passed the Senate May 11, 2017. 

Attest: 

Secretary. 

115TH CONGRESS 

1ST SESSION S. 1083 

AN ACT 

To amend section 1214 of title 5, United States 

quorum. the Merit Systems Protection Board lacks a Code, to provide for stays during a period that
No. 51566.

#### Protest 83272-K of Douglas Lorie (New York).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the "free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on the entry. The protest was sustained to this extent.
IV 

115TH CONGRESS 

2D SESSION H. RES. 939 

Providing for the consideration of H.R. 4796. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2018 

Mr. HURD submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Providing for the consideration of H.R. 4796. 

1 Resolved, That immediately upon adoption of this res2 olution, the House shall proceed to the consideration in 

3 the House of the bill (H.R. 4796) to provide relief from 

4 removal and adjustment of status of certain individuals 

5 who are long-term United States residents and who en6 tered the United States before reaching the age of 18, im7 prove border security, foster United States engagement in 

8 Central America, and for other purposes. All points of 

9 order against consideration of the bill are waived. The bill 

10 shall be considered as read. All points of order against 

11 provisions in the bill are waived. The previous question 

12 shall be considered as ordered on the bill and on any 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HRES 939 IH 

1 amendment thereto to final passage without intervening 

2 motion except: (1) one hour of debate equally divided and 

3 controlled by the Majority Leader and the Minority Lead4 er or their respective designees; (2) an amendment, if of5 fered by Representative Hurd of Texas or his designee, 

6 which shall be in order without intervention of any point 

7 of order (except those arising under clause 7 of rule XVI), 

8 shall be considered as read, shall be separately debatable 

9 for 10 minutes equally divided and controlled by the pro10 ponent and an opponent, and shall not be subject to a 

11 demand for division of the question; and (3) one motion 

12 to recommit with or without instructions. 

13 SEC. 2. Clause 1(c) of rule XIX shall not apply to 

14 the consideration of H.R. 4796. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
# C_2021206EN.01000302.xml

| 31.5.2021 | EN | Official Journal of the European Union | C 206/3 |
| --- | --- | --- | --- |

31.5.2021

EN

Official Journal of the European Union

C 206/3

---

Judgment of the Court (Fourth Chamber) of 25 March 2021 — H. Lundbeck A/S, Lundbeck Ltd v European Commission, European Federation of Pharmaceutical Industries and Associations (EFPIA)

(Case C-591/16 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Pharmaceutical products - Market for antidepressants (citalopram) - Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines - Article 101 TFEU - Potential competition - Restriction by object - Characterisation - Calculation of the amount of the fine - Sales directly or indirectly related to the infringement)

(2021/C 206/04)

Language of the case: English

Parties

Appellants: H. Lundbeck A/S, Lundbeck Ltd (represented by: initially R. Subiotto QC, and T. Kuhn, Rechtsanwalt, and subsequently R. Subiotto QC)

Other parties to the proceedings: European Commission (represented by: F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, B. Rayment and D. Bailey, Barristers, G. Peretz QC, and S. Kingston, Senior Counsel), European Federation of Pharmaceutical Industries and Associations (EFPIA) (represented by: F. Carlin, Barrister, and N. Niejahr, Rechtsanwältin)

Intervener in support of the European Commission: United Kingdom of Great Britain and Northern Ireland (represented by: initially D. Guðmundsdóttir, Z. Lavery and D. Robertson, acting as Agents, J. Turner QC, J. Holmes QC, M. Demetriou QC, and T. Sebastian, Barrister, and subsequently D. Guðmundsdóttir, acting as Agent, J. Turner QC, J. Holmes QC, M. Demetriou QC, and T. Sebastian, Barrister)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders H. Lundbeck A/S and Lundbeck Ltd to bear their own costs and to pay the costs incurred by European Commission; |
| --- | --- |

2.

Orders H. Lundbeck A/S and Lundbeck Ltd to bear their own costs and to pay the costs incurred by European Commission;

| 3. | Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to bear its own costs; |
| --- | --- |

3.

Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to bear its own costs;

| 4. | Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs. |
| --- | --- |

4.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

---

(1)  OJ C 30, 30.1.2017.

---
# C_2018072EN.01001201.xml

| 26.2.2018 | EN | Official Journal of the European Union | C 72/12 |
| --- | --- | --- | --- |

26.2.2018

EN

Official Journal of the European Union

C 72/12

---

Judgment of the Court (Seventh Chamber) of 20 December 2017 (request for a preliminary ruling from the Corte suprema di cassazione) — Prequ' Italia Srl v Agenzia delle Dogane e dei Monopoli

(Case C-276/16) (1)

1

((Reference for a preliminary ruling - Principle of protection of the rights of the defence - Right to be heard - Regulation (EEC) No 2913/92 - Community Customs Code - Article 244 - Recovery of a customs debt - Lack of prior hearing of the addressee before the adoption of an amended tax assessment - Right of the addressee to obtain suspension of the implementation of the amended tax assessment - Lack of automatic suspension in the event of the bringing of administrative proceedings - Reference to the conditions provided for in Article 244 of the Customs Code))

(2018/C 072/15)

Language of the case: Italian

Referring court

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Parties to the main proceedings

Applicant: Prequ' Italia Srl

Applicant:

Defendant: Agenzia delle Dogane e dei Monopoli

Defendant:

Operative part of the judgment

Operative part of the judgment

The right of any person to be heard before the adoption of a decision likely to adversely affect his interests must be interpreted as meaning that the rights of defence of the addressee of an amended tax assessment adopted by the customs authorities, in the absence of a prior hearing of the person concerned, are not infringed if the national legislation which allows the person concerned to contest that measure in the context of an administrative review merely provides the possibility to request the suspension of the implementation of that measure until its possible amendment by referring to Article 244 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council of 16 November 2000 without the initiation of an administrative appeal automatically suspending the implementation of the contested measure, since the application of the second paragraph of Article 244 of that regulation, by the customs authorities, does not restrict the grant of a suspension of implementation where there are reasons to doubt the conformity of the contested decision with the customs legislation or that irreparable damage is to be feared for the person concerned.

---

(1)  OJ C 305, 22.8.2016.

1

---
Exhibit 32.1
 MELA SCIENCES, INC.
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
 
 
 *
    
    A signed original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to MELA Sciences, Inc. and will be retained by MELA Sciences,
Inc. and furnished to the Securities and Exchange Commission or its staff upon request. This
written statement accompanies the Form 10-Q to which it relates, is not deemed filed with the
Securities and Exchange Commission, and will not be incorporated by reference into any filing
of MELA Sciences, Inc. under the Securities Act of 1933 or the Securities Exchange Act of
1934, irrespective of any general incorporation language contained in such filing.
Exhibit 13.1

SECTION 906 CERTIFICATION

(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 Annual Report on Form 20-F for the fiscal year ended December 31, 2004 of Given Imaging Ltd. (the “Company”) as filed with the U.S. Securities and Exchange Commission (the “Commission”) on the date hereof (the “Report”) and pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Gavriel Meron, President, Chief Executive Officer and Director, of the Company, certify, that:

(1)   the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/          Gavriel Meron                                                                                                                                                                                                                                                                                                                                                                                                                     |
|--------|--------|--------|--------|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |   |   |      |  

 

 

 

Name: 

Gavriel Meron

 

 

 

 

Title: 

President, Chief Executive Officer and Director

 

Date: March  25, 2005 

A signed original of this written statement required by Section 906 has been provided to Given Imaging Ltd. and will be retained by Given Imaging Ltd. and furnished to the Securities and Exchange Commission or its staff upon request. |
**Exhibit 31.2**
**Certifications**
I, Timothy D. Regan, Chief Financial Officer of Citizens First Bancorp, Inc., certify that:   1. I have reviewed this Amendment No. 1 to Annual Report on Form 10-K/A of Citizens FirstBancorp, Inc.;   2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;   3. **[Intentionally omitted]**;   4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have:    (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;    (b) Designed such internal control over financial reporting, or caused such internal controlover financial reporting to be designed under our supervision, to provide reasonableassurance regarding the reliability of financial reporting and the preparation of financialstatements for external purposes in accordance with generally accepted accountingprinciples;    (c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and    (d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and   5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):    (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 havea significant role in the registrant’s internal control over financial reporting.        Date: April 28, 2005 /s/ Timothy D. Regan   (Signature)   Timothy D. ReganChief Financial Officer
No. 57885.

protests 192670-K, etc. (Buffalo).

#### T. S. Foulkes *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of metal temple cores, which are parts of spectacle frames (the frames being valued in excess of $2.50 per dozen), the same in all material respects as those the subject of Abstract 57607, the claim of the plaintiff was sustained.