alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015118EN.01001501.xml

| 13.4.2015 | EN | Official Journal of the European Union | C 118/15 |
| --- | --- | --- | --- |

13.4.2015

EN

Official Journal of the European Union

C 118/15

---

Request for a preliminary ruling from the Raad van State van België (Belgium) lodged on 12 January 2015 — TNS Dimarso NV v Vlaams Gewest

(Case C-6/15)

(2015/C 118/20)

Language of the case: Dutch

Referring court

Referring court

Raad van State van België

Parties to the main proceedings

Parties to the main proceedings

Applicant: TNS Dimarso NV

Applicant:

Defendant: Vlaams Gewest

Defendant:

Questions referred

Questions referred

| 1. | Must Article 53(2) of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, both in isolation and in conjunction with the scope of the principles laid down by European law concerning equality and transparency in the field of public procurement, be interpreted as meaning that, if the contract is awarded to the tenderer who submits the most economically advantageous tender from the point of view of the contracting authority, the contracting authority is always required to establish in advance, and indicate in the contract notice or contract documents, the method of assessment or the weighting rules, irrespective of their scope, predictability or commonness, in the light of which the tenders will be assessed in accordance with the award criteria or subcriteria, |
| --- | --- |

1.

Must Article 53(2) of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, both in isolation and in conjunction with the scope of the principles laid down by European law concerning equality and transparency in the field of public procurement, be interpreted as meaning that, if the contract is awarded to the tenderer who submits the most economically advantageous tender from the point of view of the contracting authority, the contracting authority is always required to establish in advance, and indicate in the contract notice or contract documents, the method of assessment or the weighting rules, irrespective of their scope, predictability or commonness, in the light of which the tenders will be assessed in accordance with the award criteria or subcriteria,

1

| 2. | or, if no such general obligation exists, that there are circumstances, such as, inter alia, the scope, unpredictability or uncommonness of these weighting rules, in which this obligation does apply? |
| --- | --- |

2.

or, if no such general obligation exists, that there are circumstances, such as, inter alia, the scope, unpredictability or uncommonness of these weighting rules, in which this obligation does apply?

---

(1)  OJ 2004 L 134, p. 114.

1

---
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 219 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. CON. RES. 219

  Expressing the sense of Congress that the Government of Iraq should 
 schedule a referendum to determine whether or not the people of Iraq 
want the Armed Forces of the United States to be withdrawn from Iraq or 
       to remain in Iraq until order is restored to the country.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2007

 Mr. Rohrabacher submitted the following concurrent resolution; which 
            was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
  Expressing the sense of Congress that the Government of Iraq should 
 schedule a referendum to determine whether or not the people of Iraq 
want the Armed Forces of the United States to be withdrawn from Iraq or 
       to remain in Iraq until order is restored to the country.

    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that as soon as practicable after the 
submission to Congress of the second report required by section 
1314(b)(2) of the U.S. Troop Readiness, Veterans' Care, Katrina 
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 
110-28; relating to the Iraqi Government's record of performance on its 
benchmarks), the Government of Iraq should schedule a referendum to 
determine whether or not the people of Iraq want the Armed Forces of 
the United States to be withdrawn from Iraq or to remain in Iraq until 
order is restored to the country.
                                 <all>
```
# C_2015254EN.01000301.xml

| 3.8.2015 | EN | Official Journal of the European Union | C 254/3 |
| --- | --- | --- | --- |

3.8.2015

EN

Official Journal of the European Union

C 254/3

---

Request for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 9 April 2015 — Youssef Hassan v Breiding Vertriebsgesellschaft mbH

(Case C-163/15)

(2015/C 254/03)

Language of the case: German

Referring court

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Parties to the main proceedings

Applicant: Youssef Hassan

Applicant:

Defendant: Breiding Vertriebsgesellschaft mbH

Defendant:

Questions referred

Questions referred

| 1. | Does the first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1) preclude a licensee who is not entered in the Register of Community trade marks from invoking claims for infringement of a Community trade mark? |
| --- | --- |

1.

Does the first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1) preclude a licensee who is not entered in the Register of Community trade marks from invoking claims for infringement of a Community trade mark?

1

| 2. | In the event that the first question is answered in the affirmative: Does the first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark preclude a national legal practice in accordance with which the licensee can enforce the trade mark proprietor’s rights against the infringer by virtue of the power conferred on it for that purpose (Prozessstandschaft)? |
| --- | --- |

2.

In the event that the first question is answered in the affirmative: Does the first sentence of Article 23(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark preclude a national legal practice in accordance with which the licensee can enforce the trade mark proprietor’s rights against the infringer by virtue of the power conferred on it for that purpose (Prozessstandschaft)?

Prozessstandschaft

---

(1)  OJ 2009 L 78, p. 1.

1

---
(Reap. Dec. 9405)

#### American Roland Corporation *v.*United States

Entry Nos. WH 70959; WH 71344 ; 931504.

(Decided April 22, 1959)

*Eugene R. Piclcrell*for the plaintiff.

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

Wilson, Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the respective parties:

> *615IT IS HEREBY STIPULATED AND AGREED by and between tbe attorneys for the parties hereto that the merchandise covered by the appeals for reappraisement enumerated in Schedule “A”, attached hereto and made a part hereof, consists of Pas Sodium, a coal-tar product, which was appraised on the basis of American selling price, as defined under the provisions of Section 402(g) of the Tariff Act of 1930, and subject to duty thereunder by reason of Paragraph 28(c) of the said Act;

> IT IS FURTHER STIPULATED AND AGREED that the American selling price on the dates of exportation for said Pas Sodium, as defined under the provisions of Section 402(g) of said Act, is $1.90 per pound, net weight, less *1%*packed;

> IT IS FURTHER STIPULATED AND AGREED that the appeals for reap-praisement are abandoned as to any other merchandise listed on the invoices, and that these appeals may be deemed to be submitted for decision upon this stipulation.

On the agreed facts, I find American selling price, as that value is defined in section 402(g) of the Tariff Act of 1930, as amended by section 8 of the Customs Administrative Act of 1938, to be the proper basis for determination of the value of the merchandise here in question, and that such value is $1.90 per pound, net weight, less 1 per centum packed.

Insofar as these appeals relate to other merchandise, they are hereby dismissed.

Judgment will be entered accordingly.
No. 54890.

#### American Textile Co., Inc., et al. *v.*United States,

protests 152225-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.
<TABLE> <S> <C>

<ARTICLE> 5

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<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                                     0
<PP&E>                                               0
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<EPS-BASIC>                                          0
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</TABLE>
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T MARCH 9, 2009 THOMAS K. KAH

N CL ERK [ D O N O T P U B L I S H ]

I N T H E U N I T E D S T A T E S C O U R T O F A P P E A L S

F O R T H E E L E V E N T H C I R C U I T

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. D o c k e t N o

. 0 5

- 0 0 2 6 4

- C R

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- 2 7

- E A J

U N I T E D S T A T E S O F A M E R I C A ,

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. k

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. P e p e ,
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- A p p e l l a n t

.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A p p e a l f r o m t h e U n i t e d S t a t e s D i s t r i c t C o u r t f o r t h e M i d d l e D i s t r i c t o f F l o r i d a

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ( M a r c h 9 , 2 0 0 9 )

B e f o r e T J O F L A T , D U B I N A a n d H I L L , C i r c u i t J u d g e s

.
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a s s e s s m e n t o f t h e r e l a t i v e m e r i t o f t h e a p p e a l i s c o r r e c t

. B e c a u s e i n d e p e n d e n t

e x a m i n a t i o n o f t h e r e c o r d r e v e a l s n o a r g u a b l e i s s u e s o f m e r i t , c o u n s e l ’ s m o t i o n t o

w i t h d r a w i s G R A N T E D , a n d C e b a l l o s ’ s c o n v i c t i o n a n d s e n t e n c e a r e
A F F I R M E D

.

2
<PAGE> 1

 EXHIBIT 32a

                        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 Quarterly Report of Twin Disc, Incorporated (the
"Company") on Form 10-Q for the fiscal quarter ending September 30, 2004, as
filed with the Securities and Exchange Commission as of the date hereof (the
"Report"), I, Michael E. Batten, Chairman and Chief Executive Officer of the
Company, 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 Section 13(a) of the Securities
           Exchange Act of 1934, and

    (2)    the information contained in the report fairly presents, in all
           material respects, the financial condition and results of operations
           of the Company.


September 9, 2005                    /s/ MICHAEL E. BATTEN
                                     ---------------------
                                     Michael E. Batten
                                     Chairman, Chief Executive Officer
Exhibit 32

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

      Pursuant to section 906 of the  Sarbanes-Oxley Act of 2002 (subsection (a)
      and (b) of section 1350, chapter 63 of title 18, United States Code), each
      of the undersigned officers of Canal Capital Corporation and Subsidiaries,
      a Delaware corporation (the "Company"), does hereby certify that:

      The  Quarterly  Report of Form 10-Q for the three months ended January 31,
      2005 (the "Form 10-Q") of the Company fully complies with the requirements
      of  section  13(a)  or 15(d) of the  Securities  Exchange  Act of 1934 and
      information  contained in the Form 10-Q fairly  presents,  in all material
      respects,  the  financial  condition  and  results  of  operations  of the
      Company.

Date: March 14, 2005                         /S/ Michael E. Schultz
                                             -----------------------
                                             Chief Executive Officer


Date: March 14, 2005                         /S/ Reginald Schauder
                                             -----------------------
                                             Chief Financial Officer


                                       42
**EXHIBIT32.1**

**Union Carbide Corporation andSubsidiaries**

**Certification Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

I, John R. Dearborn,President and Chief Executive Officer of Union Carbide Corporation (the “Corporation”),certify that:

1.               the QuarterlyReport on Form 10-Q of the Corporation for the quarter ended September 30, 2006as filed with the Securities and Exchange Commission (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

2.               the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Corporation.

 
| /s/ JOHN R. DEARBORN                   |   |
|----------------------------------------|--------|
| John R. Dearborn                       |
| President and Chief  Executive Officer |
| October 31, 2006                       |

 

27

----
110TH CONGRESS 

1ST SESSION H. CON. RES. 193 

CONCURRENT RESOLUTION 

Whereas in 2006 there were over 16,000,000 hunters in the 

United States of which only .0013 percent incurred an 

injury during the past hunting season; 

Whereas in 2006 this injury rate was lower than many other 

forms of recreation; 
2 

•HCON 193 EH 

Whereas there are 70,000 hunter education instructors teaching hunter safety, ethics, and conservation to approximately 750,000 students successfully each year; 

Whereas State fish and game agencies began offering hunter 

safety programs in 1949, and since then, more than 

35,000,000 people have been certified; 

Whereas much of the success of hunter safety can be contributed to hunter education training and the role of responsible hunters in the field; 

Whereas Congress commends Pennsylvania hunters for setting a new State safety record in 2006; 

Whereas hunters continue year after year to improve their 

safety record; and 

Whereas hunters are the vital link in preserving and maintaining the great natural resources in the United States, 

including wild places: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That the Congress— 

3 (1) recognizes all hunters across the United 

4 States for their continued commitment to safety; 

5 and 

6 (2) directs the Secretary of the Senate to trans7 mit a copy of this resolution to the Pennsylvania 
3 

•HCON 193 EH 

1 State Game Commissioner and the Director of the 

2 U.S. Fish and Wildlife Service. 

Passed the House of Representatives September 24, 

2007. 

Attest: 

Clerk. 
110TH CONGRESS 

1ST SESSION H. CON. RES. 193 

CONCURRENT RESOLUTION 

Recognizing all hunters across the United States 

for their continued commitment to safety.
#### UNITED STATES, Appellee v EDWARD V. DURON, Ship’s Serviceman (Laundry) Seaman, U. S. Navy, Appellant

19 USCMA 563, 42 CMR 165

No. 23,014

July 10, 1970

*Lieutenant Kenneth F. Ripple,*JAGC, USNR, was on the pleadings for Appellant, Accused.

*Lieutenant Colonel Charles J. Keever,*USMC, was on the pleadings for Appellee, United States.

Opinion of the Court

DARDEN, Judge:

Following his plea of guilty, the appellant was tried and convicted by a general court-martial on October 28, 1969, for wrongful appropriation (two specifications) and for absence without leave. Each of these offenses was committed before August 1, 1969. The Government erred therefore by introducing, after findings, evidence of prior Article 15 punishment for failing to obey an order requiring Duron to submit to a medical quarantine, two brief absences without leave, a public fight, and failing to obey a regulation by wearing civilian clothes aboard ship. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970). This evidence constituted the whole of prosecution’s evidence against the appellant during sentencing. No evidence was offered of prior convictions. Under these circumstances we cannot be certain that the court was uninfluenced in assessing sentence by this inadmissible evidence. We believe that such consideration presents a fair risk of prejudice, requiring that the sentence be reexamined. United States v Martin, 19 USCMA 486, 42 CMR 88 (1970); United States v Iacono, 19 USCMA 490, 42 CMR 92 (1970); and United States v Johnson, supra. Accordingly, the decision of the Court of Military Review is reversed as to sentence. The record of trial is returned to the Judge Advocate General of the Navy for submission to the Court of Military Review for reconsideration of the sentence.

Chief Judge Quinn and Judge FeR-guson concur.
No. 62087.

#### Musco & Co. *v.*United States,

protest 310382-K (New York).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of cheese similar in all material respects to that the subject of *Fontana Hollywood Corp.*v. *United States*(30 Cust. Ct. 98, C. D. 1503), the claim of the plaintiff was sustained.
|                                      |
|--------------------------------------|
|                                      |  |
| Deutsche Bank Trust Company Americas | BNY Mellon Trust of Delaware |
| As Indenture Trustee                 | As Owner Trustee |
| Attn:  Michelle H.Y. Voon  | Attn: Robert Castle / Kristine Gullo |
| 100 Plaza One 6th Floor         | 301 Bellevue Parkway, 3rd Floor |
| Jersey City, NY 07311                | Wilmington, DE 19809 |

|                                                 |
|-------------------------------------------------|
|                                                 |  |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Diane Moser                    | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 500 Woodward Ave |
| Chicago, IL  60602                    | Mail code:  MI-01-20-TRES |
|                                            | Detroit, MI 48226 |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2016-2 |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of January 1, 2017 through  December 31, 2017, and of its performance under the Servicing Agreement has been made 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 Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   |   |
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

for the Fifth Circuit

_____________________________________

No. 98-30052

_____________________________________

CAPITOL HOUSE PRESERVATION COMPANY, LLC,

Plaintiff-Appellant,

VERSUS

PERRYMAN CONSULTANTS, INC., ET AL.,

Defendants,

PERRYMAN CONSULTANTS, INC., ET AL.,

Defendants-Appellees

**************

CAPITOL HOUSE PRESERVATION COMPANY, LLC,

Plaintiff-Appellant,

VERSUS

JAZZ ENTERPRISES, INC., ET AL.,

Defendants,

JAZZ ENTERPRISES, INC., ET AL.,

Defendants-Appellees.

______________________________________________________

Appeal from the United States District Court

for the Middle District of Louisiana

(95-CV-725)

______________________________________________________

November 10, 1998

Before WISDOM, DAVIS and BARKSDALE, Circuit Judges.

PER CURIAM:*

AFFIRMED. See Local Rule 47.6.