alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017053EN.01000802.xml

| 20.2.2017 | EN | Official Journal of the European Union | C 53/8 |
| --- | --- | --- | --- |

20.2.2017

EN

Official Journal of the European Union

C 53/8

---

Judgment of the Court (Grand Chamber) of 21 December 2016 (requests for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Granada, Audiencia Provincial de Alicante — Spain) — Francisco Gutiérrez Naranjo v Cajasur Banco SAU (C-154/15), Ana María Palacios Martínez v Banco Bilbao Vizcaya Argentaria SA (BBVA) (C-307/15), Banco Popular Español, SA v Emilio Irles López, Teresa Torres Andreu (C-308/15)

(Joined Cases C-154/15, C-307/15 and C-308/15) (1)

1

((References for a preliminary ruling - Directive 93/13/EEC - Consumer contracts - Mortgage loans - Unfair terms - Article 4(2) - Article 6(1) - Declaration of nullity - Limitation by the national court of the temporal effects of the declaration of nullity of an unfair term))

(2017/C 053/10)

Language of the case: Spanish

Referring court

Referring court

Juzgado de lo Mercantil No 1 de Granada, Audiencia Provincial de Alicante

Parties to the main proceedings

Parties to the main proceedings

Applicants: Francisco Gutiérrez Naranjo (C-154/15), Ana María Palacios Martínez (C-307/15), Banco Popular Español, SA (C-308/15)

Applicants:

Defendants: Cajasur Banco SAU (C-154/15), Banco Bilbao Vizcaya Argentaria SA (BBVA) (C-307/15), Emilio Irles López, Teresa Torres Andreu (C-308/15)

Defendants:

Operative part of the judgment

Operative part of the judgment

Article 6(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as precluding national case-law that temporally limits the restitutory effects connected with a finding of unfairness by a court, in accordance with Article 3(1) of that directive, in respect of a clause contained in a contract concluded between a consumer and a seller or supplier, to amounts overpaid under such a clause after the delivery of the decision in which the finding of unfairness is made.

---

(1)  OJ C 228, 13.7.2015.

1

OJ C 279, 24.8.2015.

---
December 7, 1948

No. 7636.

#### *W. Hagemann*v. *United States.*

Entered at New York, N. Y. Reap. Dec. 7623. Motion by appellee.
December 15, 1970

No. 70-69

#### Jack H. Wilson, TSGT, U. S. Air Force v United States.

ORDERED that said Petition be, and the same is hereby, denied without prejudice to the right of petitioner to raise the issue therein presented, should the same be considered necessary or advisable, during the course of appellate review below, and in a Petition for Grant of Review to this Court.
[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Notices]
[Page 20915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8022]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations 
(CFR), notice is hereby given that the Federal Railroad Administration 
(FRA) received a request for a waiver of compliance from certain 
requirements of its safety standards. The individual petition is 
described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Morehead and South Fork Railroad

[Waiver Petition Docket Number FRA-2006-25520]

    The Morehead and South Fork Railroad (MSF) has petitioned for a 
temporary waiver of compliance from the requirements of 49 U.S.C. 
21103(a), the Federal Hours of Service law (HSL). This provision 
requires the railroad to neither require nor allow train employees to 
begin or remain on duty in excess of 12 hours in a 24-hour period 
without receiving the appropriate 8- or 10-hour statutory off-duty 
period. However, the HSL contains a provision (in 49 U.S.C. 21102(a)) 
permitting a railroad that employs not more than 15 employees subject 
to the statute, to seek an exemption from the 12-hour limitation. The 
MSF states that it is the railroad's intent to use such a waiver only 
in emergency situations and not on a daily basis.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA in 
writing before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (Docket Number FRA-2006-25520) and must be 
submitted to the Docket Clerk, DOT Central Docket Management Facility, 
Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, DC 20590-
0001. Communications received within 30 days of the date of this notice 
will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's Web 
site at http://dms.dot.gov.

    Issued in Washington, DC on April 20, 2007.
Michael J. Logue,
Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. E7-8022 Filed 4-25-07; 8:45 am]
BILLING CODE 4910-06-P
-80 -79 -78 -77 -76 -75 -74

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NOAA HYSPLIT MODEL

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Source

★ at 38.81 N 76.74 W Meters AGL
(Reap. Dec. 8844)

#### Carbons, Inc. *v.*United States

Entry No. 721808.

*695(Decided *June 13,*1957)

*Fred Bennett; Jordan & Klingaman,*associate counsel; for the plaintiff.

*George Cochran Doub,*Assistant Attorney General, for the defendant.

Johnson, Judge:

This appeal for reappraisement has been submitted for decision upon the following stipulation of counsel for the parties hereto:

> IT IS HEREBY STIPULATED AND AGREED by and between counsel for the parties hereto, subject to the approval of the court,

> 1- That all the merchandise on the entry the subject of the above-entitled appeal consists of arc light carbons imported from France.

> 2- That the issues in the aforesaid appeal are the same in all material respects as those decided in *Bert Friedberg & Company*v. *United States,*R. D. 8590, and that the record in the said R. D. 8590 may be incorporated in the record in the aforesaid appeal.

> 3- That.the appraised value of the merchandise in the aforesaid appeal, less 16.85 per cent, is equal to the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise was freely offered for sale for home consumption to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, and that, on or about the date of exportation of the merchandise herein involved, merchandise such as or similar thereto was not sold or offered for sale in the country of exportation for export to the United States.

> IT IS FURTHER STIPULATED AND AGREED that the reappraisement appeal herein may be submitted on the foregoing stipulation.

On the agreed facts I find the foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930, as amended by section 8 of the Customs Administrative Act of 1938, to be the proper basis for the determination of the value of the merchandise here involved, and that such value was the appraised value, less 16.85 per centum.

Judgment will be entered accordingly.
No. 54874.

#### Acme Laces, Inc., et al. *v.*United States,

protests 155951-K, etc. (New York).

Opinion by

Ekwall, J.

It was stipulated that the Federal Reserve bank certified dual rates of exchange for the currencies involved in the liquidation of the entries for the dates of exportation of the merchandise covered by the entries and that the circumstances relating to the liquidation of the said entries are similar in all material respects to those in Abstract 54732. In view of this stipulation and following the cited decision it was held that the currencies of the invoices covered by certain enumerated entries should have been converted in the manner directed by the judgment of this court in said Abstract 54732, in accordance with Bureau of Customs Circular Letter No. 2675, dated October 19, 1949.
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 State

          - [Public Notice 5784] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition “Symbols of Power: Napoleon and the Art of the Empire Style, 1800-1815”, imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the St. Louis Art Museum, St. Louis, Missouri, from on or about June 16, 2007, until on or about September 16, 2007, and the Museum of Fine Arts, Boston, Boston, Massachusetts, from on or about October 21, 2007, until on or about January 27, 2008, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register.**

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202) 453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: April 25, 2007. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State.

 [FR Doc. E7-8472 Filed 5-2-07; 8:45 am] 

BILLING CODE 4710-05-P
69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–630 

PROVIDING FOR THE ADOPTION OF THE CONCURRENT RESOLUTION (S. 

CON. RES. 70) SETTING FORTH THE CONGRESSIONAL BUDGET FOR THE 

UNITED STATES GOVERNMENT FOR FISCAL YEAR 2009 AND INCLUDING 

THE APPROPRIATE BUDGETARY LEVELS FOR FISCAL YEARS 2008 AND 

2010 THROUGH 2013 

MAY 13, 2008.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1190] 

The Committee on Rules, having had under consideration House 

Resolution 1190, by a record vote of 7 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The rule provides for the adoption in the House of S. Con. Res. 

70, the Concurrent Budget Resolution for 2009. The rule takes 

from the Speaker’s table S. Con. Res. 70, adopts an amendment in 

the nature of a substitute consisting of the text of H. Con. Res. 312 

as adopted by the House, adopts S. Con. Res. 70 as amended, and 

provides that the House insists on its amendment and requests a 

conference with the Senate. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 495 

Date: May 13, 2008. 

Measure: H. Res. 1190, providing for the adoption of S. Con. Res. 

70. 

Motion By: Mr. Dreier. 

Summary of Motion: To add as a new section at the end of the 

resolution as follows: That upon adoption of this resolution, H.R. 

2642 (FY2008 Military Construction & Veterans Affairs Appropriations bill) and H.R. 2638 (FY2008 Homeland Security Appropriations bill), and their accompanying papers are laid on the table. 


erowe on PRODPC61 with HEARING
2 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions— Yea. 

Rules Committee record vote No. 496 

Date: May 13, 2008. 

Measure: H. Res. 1190, providing for the adoption of S. Con. Res. 

70. 

Motion By: Mr. Hastings (FL). 

Summary of Motion: To report the rule. 

Results: Adopted 7–4. 

Vote by Members: McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Welch—Yea; Castor—Yea; Arcuri—Yea; Sutton—Yea; 

Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions— Nay. 

Æ 


erowe on PRODPC61 with HEARING
# C_2016383EN.01001301.xml

| 17.10.2016 | EN | Official Journal of the European Union | C 383/13 |
| --- | --- | --- | --- |

17.10.2016

EN

Official Journal of the European Union

C 383/13

---

Judgment of the General Court of 7 September 2016 — Beiersdorf v EUIPO (Q10)

(Case T-4/15) (1)

1

((EU trade mark - Application for EU figurative mark Q10 - Refusal to register a disclaimer as to the scope of the protection - Article 37(2) of Regulation (EC) No 207/2009 - Absolute grounds for refusal - Descriptive Character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation No 207/2009))

(2016/C 383/18)

Language of the case: German

Parties

Parties

Applicant: Beiersdorf AG (Hamburg, Germany) (represented initially by: A. Renck and J. Fuhrmann, and subsequently by J. Fuhrmann, lawyers)

Applicant:

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

Defendant:

Re:

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 8 October 2014 (Case R 2050/2013-1), relating to an application for registration of the figurative sign Q10 as an EU trademark.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Beiersdorf AG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO). |
| --- | --- |

2.

Orders Beiersdorf AG to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

---

(1)  OJ C 65, 23.2.2015.

1

---
# C_2016038EN.01002202.xml

| 1.2.2016 | EN | Official Journal of the European Union | C 38/22 |
| --- | --- | --- | --- |

1.2.2016

EN

Official Journal of the European Union

C 38/22

---

Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 3 November 2015 — Onix Asigurari SA v Istituto per la Vigilanza Sulle Assicurazioni (Ivass)

(Case C-559/15)

(2016/C 038/33)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Appellant: Onix Asigurari SA

Appellant:

Respondent: Istituto per la Vigilanza Sulle Assicurazioni (Ivass)

Respondent:

Question referred

Question referred

Does Community law, in particular Article 40(6) of Directive 92/49/EEC, (1) Commission Interpretative Communication 2000/C/43/03, paragraph 5, and the Community principle of home country control preclude an interpretative approach (such as that applied to Article 193(4) of the Codice delle Assicurazioni private, the Private Insurance Code) approved by Legislative Decree No 209 of 7 September 2005, endorsed by this Court) in accordance with which the supervisory authority of a State hosting an insurance operator under the freedom to provide services may, in cases of urgency and for the protection of the interests of insured persons and of persons entitled to insurance benefits, issue injunctions specifically prohibiting the conclusion of new contracts within the territory of the host State, on the grounds of the identified failure, whether pre-existing or supervening, assessed discretionarily, to satisfy a subjective precondition laid down for the purpose of the issue of authorisation to engage in insurance business, in particular the requirement of good repute?

1

home country control

---

(1)  Council Directive 92/49/EEC of 18 June 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (OJ 1992 L 228, p. 1).

1

---
Exhibit 32.2

                          CERTIFICATION PURSUANT TO
          SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,
                           AS ADOPTED PURSUANT TO
                SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Executive Vice President and Chief Financial Officer of VSE
Corporation (the "Company"), does hereby certify that to the best of the
undersigned's knowledge:


	1) the Company's Quarterly Report on Form 10-Q for the quarter ended
March 31, 2009 (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 Company's Report fairly presents, in
all material respects, the financial condition and results of operations of
the Company.


Dated: April 30, 2009                    /s/ T. R. Loftus
                                         ____________________________________
                                         T. R. Loftus
                                         Executive Vice President and
                                         Chief Financial Officer
                                         (Principal Accounting Officer)
No. 49876.

#### Protest 47253-K of Wo Kee & Co. (Los Angeles).

Opinion by

Cline, J.

It was stipulated that the merchandise in question is the same in all material respects as that involved in *Oy Wo Tong*v. *United States*(5 Cust. Ct. 70, C. D. 372). In accordance therewith the claim for free entry was sustained.
### petition letter from some Terramar residents requesting PSD regarding the proposed CECP power plant in Carlsbad , Ca. Kerry Siekmann t o : Shaheerah Kelly 07/15/2009 02:29 PM

From: Kerry Siekmann <siekmann1@att.net> To: Shaheerah Kelly/R9/USEPA/US@EPA History: This message has been replied to and forwarded.
EXHIBIT 31.1 CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT





Certification for Quarterly Report on Form 10-Q Pursuant to Section 302 of the Sarbanes-Oxley Act





I, Stuart Ducote, certify that:





1. I have reviewed this quarterly report on Form 10-Q of United Mortgage Trust;





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. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))) 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) Designed such internal control over financial reporting, or caused such internal controls and procedures to be designed under our supervision, to provide reasonable assurance regarding the liability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles.





(c) 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





(d) 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. I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors:





(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.






UNITED MORTGAGE TRUSTDate: May 17, 2010
By
/s/ Stuart DucotePresident