alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015294EN.01003202.xml

| 7.9.2015 | EN | Official Journal of the European Union | C 294/32 |
| --- | --- | --- | --- |

7.9.2015

EN

Official Journal of the European Union

C 294/32

---

Request for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 15 June 2015 — Jozef Grundza

(Case C-289/15)

(2015/C 294/40)

Language of the case: Slovak

Referring court

Referring court

Krajský súd v Prešove

Party to the main proceedings

Party to the main proceedings

Jozef Grundza

Question referred

Question referred

On a proper interpretation of Articles 7(3) and 9(1)(d) of the Framework Decision (1), is the condition of double criminality to be considered satisfied only where the facts to which the decision to be recognised refers constitute an offence in concreto, i.e. on the basis of a concrete assessment of the facts (whatever its constituent elements or however it is described) also in the law of the executing State, or is that condition sufficiently satisfied where the facts generally constitute (in abstracto) an offence also in the legal order of the executing State?

1

---

(1)  Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union (OJ 2008 L 327, p. 27).

1

---
September 29, 1970

No. 70-59

#### Thomas T. Swisher, Formerly PFC, U. S. Army v The Secretary of the Army and Robert I. Moseley, Warden.

*686ORDERED:

That said Motion be, and the same is, hereby dismissed for lack of jurisdiction.
# C_2017078EN.01002701.xml

| 13.3.2017 | EN | Official Journal of the European Union | C 78/27 |
| --- | --- | --- | --- |

13.3.2017

EN

Official Journal of the European Union

C 78/27

---

Judgment of the General Court of 2 February 2017 — Marcas Costa Brava v EUIPO — Excellent Brands JMI (Cremcaffé by Julius Meinl)

(Case T-687/15) (1)

1

((EU trade mark - Opposition proceedings - Application for EU figurative mark Cremcaffé by Julius Meinl - Earlier EU figurative mark café crem - Relative ground for refusal - Lack of genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009))

(2017/C 078/36)

Language of the case: English

Parties

Parties

Applicant: Marcas Costa Brava, SL (Sils, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Excellent Brands JMI Ltd (Baar, Switzerland) (represented by: D. Majer, lawyer)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court:

Re:

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2015 (Case R 2757/2014-5), relating to opposition proceedings between Marcas Costa Brava and Excellent Brands JMI.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Marcas Costa Brava, SL, to pay the costs. |
| --- | --- |

2.

Orders Marcas Costa Brava, SL, to pay the costs.

---

(1)  OJ C 48, 8.2.2016.

1

---
# C_2016059EN.01000701.xml

| 15.2.2016 | EN | Official Journal of the European Union | C 59/7 |
| --- | --- | --- | --- |

15.2.2016

EN

Official Journal of the European Union

C 59/7

---

Reference for a preliminary ruling from Court of Appeal (Ireland) made on 2 December 2015 — Minister for Justice and Equality v Tomas Vilkas

(Case C-640/15)

(2016/C 059/06)

Language of the case: English

Referring court

Referring court

Court of Appeal

Parties to the main proceedings

Parties to the main proceedings

Applicant: Minister for Justice and Equality

Applicant:

Defendant: Tomas Vilkas

Defendant:

Questions referred

Questions referred

| 1. | Does Article 23 of the Framework Decision (1) contemplate or and allow for the agreement of a new surrender date on more than one occasion? |
| --- | --- |

1.

Does Article 23 of the Framework Decision (1) contemplate or and allow for the agreement of a new surrender date on more than one occasion?

1

| 2. | If so, does it do so in any, or all, of the following situations: i.e., where the surrender of the requested person within the period laid down in paragraph 2 has already been prevented by circumstances beyond the control of any of the Member States, leading to the agreement of a new surrender date, and such circumstances –






  i) | are found to be on-going; or |
| --- | --- | --- |

2.

If so, does it do so in any, or all, of the following situations: i.e., where the surrender of the requested person within the period laid down in paragraph 2 has already been prevented by circumstances beyond the control of any of the Member States, leading to the agreement of a new surrender date, and such circumstances –

i)

are found to be on-going; or

| ii) | having ceased, are found to be re-occurring; or |
| --- | --- |

ii)

having ceased, are found to be re-occurring; or

| iii) | having ceased, different such circumstances have arisen which have prevented, or are likely to prevent, surrender of the requested person within the required period referable to the said new surrender date? |
| --- | --- |

iii)

having ceased, different such circumstances have arisen which have prevented, or are likely to prevent, surrender of the requested person within the required period referable to the said new surrender date?

---

(1)  2002/584/JHA: Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States

1

OJ L 190, p. 1.

---
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[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site.(Historical purposes)
**Title:Argonne update [electronic resource].**
 
SuDoc:E 1.162:
Item Number:0429-A-73 (online)
CGP systemNumber:000615096
 
2003 | 2004| 2005 | 2006| 2007 | 2009
 
October 23, 2017
EXHIBIT 32
 Certification by the Chief Executive Officer and Chief Financial Officer
Relating to a Periodic Report Containing Financial Statements
  (1)
    
    The Companys periodic report on Form 10-Q for the period ended June 30, 2010 (the
Form 10-Q) fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934, as amended; and
 (2)
    
    The information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 CHIEF EXECUTIVE OFFICER
    
    CHIEF FINANCIAL OFFICER/s/ John L. Walsh
    
    /s/ Donald E. BrownJohn L. Walsh
    
    Donald E. BrownDate: August 6, 2010
    
    Date: August 6, 2010
No. 50682.

#### Protest 116231-K of B. Khoury & Co. (New York).

*325Opinion by

Keefe, J.

At the trial the Government conceded that the importer was entitled to relief and moved in evidence the amended report' of the collector wherein it was recommended that an allowance in duties be made for the handkerchiefs reported short by the appraiser. In view of the shortage reported by the appraiser and the concession of the Government officials, judgment was entered in favor of the plaintiff directing the collector to reliquidate the entry and make refund accordingly.
EXHIBIT 32.2
                                                                    ------------


                         CERTIFICATION UNDER SECTION 906
                                     OF THE
                           SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report on Form 10-Q of Unico American
Corporation (the "Company") for the period ended June 30, 2006, as filed
with the Securities and Exchange Commission (the "Report"), I, Lester A. Aaron,
Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that to the best of my knowledge:

(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.



                    /s/  Lester A. Aaron
                    --------------------
           Name:    Lester A. Aaron
           Title:   Treasurer and Chief Financial Officer
           Date:    August 11, 2006




A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Unico American Corporation, and
will be retained by Unico American Corporation, and furnished to the Securities
and Exchange Commission or its staff upon request.
EXHIBIT 31.1

I, Douglas D. Cole, certify that:

1.   I have reviewed this Quarterly Report on Form 10-QSB of Trinity
     Learning 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 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;

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 (or persons performing the equivalent
     functions):

     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:     May 14, 2004

     /S/ DOUGLAS D. COLE
     -------------------------
     Douglas D. Cole
     Chief Executive Officer
|  | (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 United                Air                Lines, Inc. |
|--|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/              Glenn F. Tilton       |   |
|---------------------------------------------|--------|
| Glenn                F. Tilton              |   |
| Chairman,                President and      |   |
| Chief                Executive Officer      |   |
|                                        |   |
|                                        |   |
| /s/              Frederic F. Brace     |   |
| Frederic                F. Brace            |   |
| Executive                Vice President and |   |
| Chief                Financial Officer      |   |
|                                        |   |
|                                        |   |
|                                                 |
|-------------------------------------------------|
|                                                 |  |
| Wells Fargo Bank, National Association          | BNY Mellon Trust of Delaware |
| As Indenture Trustee                            | As Owner Trustee |
| Attn:  Marianna C. Stershic           | Attn:  Robert Castle / Kristine Gullo |
| Sixth Street and Marquette Avenue               | 100 White Clay Center, Suite 102 |
| MAC N9311-161                                   | Newark, DE  19711 |
| Minneapolis, MN  55479                |   |
|                                            |   |
| Copy To:                                        |   |
|                                            |   |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Robert Castle                  | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 200 Renaissance Center |
| Chicago, IL  60602                    | 12th Floor, MC 482-B12-C24 |
|                                            | Detroit, MI |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2010-4 (the “Issuer”) |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of January 1, 2012 through December 31, 2012, and of its performance under the Pooling and Servicing Agreement and the Trust Sale and Servicing Agreement has been under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Pooling and Servicing Agreement and the Trust Sale and Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   | Ally Financial Inc. |
# C_2016402EN.01004301.xml

| 31.10.2016 | EN | Official Journal of the European Union | C 402/43 |
| --- | --- | --- | --- |

31.10.2016

EN

Official Journal of the European Union

C 402/43

---

Judgment of the General Court of 20 September 2016 — Excalibur City v EUIPO — Ferrero (MERLIN’S KINDERWELT)

(Case T-566/15) (1)

1

((EU trade mark - Opposition proceedings - Application for registration of an EU figurative mark MERLIN’S KINDERWELT - Earlier national word mark KINDER - Relative ground for refusal - No similarity between the signs - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 402/50)

Language of the case: English

Parties

Parties

Applicant: Excalibur City s.r.o. (Znojmo, Czech Republic) (represented by: E. Engin-Deniz, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: M. Simandlova and A. Folliard-Monguiral, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Ferrero SpA (Alba, Italy) (represented by: L. Ghedina and F. Jacobacci, lawyers)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court:

Re:

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 16 July 2015 (Case R 1617/2014-1), relating to opposition proceedings between Ferrero and Excalibur City.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Alters the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2015 (Case R 1617/2014-1) in such a way as to hold that the appeal brought by Excalibur City s.r.o. before the Board of Appeal is well founded and, consequently, that the opposition must be rejected; |
| --- | --- |

1.

Alters the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 July 2015 (Case R 1617/2014-1) in such a way as to hold that the appeal brought by Excalibur City s.r.o. before the Board of Appeal is well founded and, consequently, that the opposition must be rejected;

| 2. | Orders EUIPO to bear its own costs and to pay those incurred by Excalibur City; |
| --- | --- |

2.

Orders EUIPO to bear its own costs and to pay those incurred by Excalibur City;

| 3. | Orders Ferrero SpA to bear its own costs. |
| --- | --- |

3.

Orders Ferrero SpA to bear its own costs.

---

(1)  OJ C 398, 30.11.2015.

1

---
the header and search bar.
Organization Person Contacted Date Response

Transport Canada Richard Topham 01/28/10 No Objection.

613-952-4357

Bombardier Andrew Shenouda 01/26/10 Sent Email / supported by providing

416~375-3807 requested documentation.

x33807

National Business Elias Coni 01/25/10 Left Message.

Aircraft (202)783-9000

Association

(NBAA)
#### Murray *versus*Cargill.

A tenant in common with, others, of a meeting-house, may maintain trespass for injuring one of the pews, against a person haying no title either in the pew or in the house.

Trespass from breaking and entering the plaintiff’s pew, No. 47, in a meeting-house.

*518The plaintiff claimed under a deed from the proprietors, given to him in 1825. He also showed by the proprietor’s books, that in 1824 he contributed $60 toward the erection of the house, that being one-half of one share.

The defendant claimed under a deed from the collector of a tax raised for repair of the house.

It appeared that the collector, after his sale to the defendant, paid to the plaintiff the surplus avails of the sale, after deducting the tax and expenses.

The case was submitted for a judgment to be entered by nonsuit or default.

*Converse,*for the plaintiff.

Ingalls, for the defendant,

contended that the collector’s deed passed the title; and that the plaintiff, by accepting the surplus avails, waived all irregularities in the tax proceedings.

Shepley, C. J.,

orally.—The tax proceedings were ineffectual. The irregularities and insufficiencies are too many and manifest for question.

The receipt of the surplus avails could neither transfer title to the defendant, nor estop the plaintiff from asserting such title as he might have.

The plaintiff’s deed of 1825 was inoperative as a conveyance. Neither party, therefore, shows title to the pew, No. 47.

But the plaintiff aided and took an interest to the amount of half a share, in the erection of the house. However many may have been the whole number of shares, he was a co-tenant of *some part*of the house. It is that co-tenancy, however small its proportion, that enables the plaintiff to recover in this suit. Pews being, by statute, made real estate, the plaintiff is entitled to full' costs.

*Defendant defaulted.*
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           3,230
<SECURITIES>                                    14,067
<RECEIVABLES>                                    1,333
<ALLOWANCES>                                         0
<INVENTORY>                                      4,147
<CURRENT-ASSETS>                                23,087
<PP&E>                                           2,380
<DEPRECIATION>                                   1,321
<TOTAL-ASSETS>                                  31,625
<CURRENT-LIABILITIES>                            7,485
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,240
<OTHER-SE>                                      20,687
<TOTAL-LIABILITY-AND-EQUITY>                    31,625
<SALES>                                          3,793
<TOTAL-REVENUES>                                 4,538
<CGS>                                            1,219
<TOTAL-COSTS>                                    4,863
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    318
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                318
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       318
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .03
        

</TABLE>