alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017038EN.01003301.xml

| 6.2.2017 | EN | Official Journal of the European Union | C 38/33 |
| --- | --- | --- | --- |

6.2.2017

EN

Official Journal of the European Union

C 38/33

---

Judgment of the General Court of 9 November 2016 — Gallardo Blanco v EUIPO — Expasa Agricultura y Ganadería (Representation of a branding iron (shape of an H-shaped horse bit))

(Case T-716/15) (1)

1

((EU trade mark - Opposition proceedings - Application for EU figurative mark consisting of the representation of a branding iron (shape of an H-shaped horse bit) - Earlier EU and Spanish figurative marks - Relative grounds for refusal - Genuine use of the earlier marks - Article 42(2) of Regulation (EC) No 207/2009 - Likelihood of confusion - Article 8(1)(b) of Regulation No 207/2009))

(2017/C 038/45)

Language of the case: Spanish

Parties

Parties

Applicant: Juan Gallardo Blanco (Los Barrios, Spain) (represented by: E. Estella Garbayo, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Expasa Agricultura y Ganadería, SA (Jerez de la Frontera, Spain) (represented by: A. Bosch Döffert, lawyer)

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

Re:

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 29 September 2015 (Case R 1502/2014-2) relating to opposition proceedings between Expasa Agricultura y Ganadería and Mr Juan Gallardo Blanco.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Juan Gallardo Blanco to pay the costs. |
| --- | --- |

2.

Orders Juan Gallardo Blanco to pay the costs.

---

(1)  OJ C 59, 15.2.2016.

1

---
No. 48709.

#### Protests 587756-G, etc., of B. Westergaard & Co. (New York).

Opinion by

Keefe, J.

In accordance with stipulation of counsel and *Scaramelli*v. *United States*(9 Cust. Ct. 270, C. D. 706) and Abstracts 42146 and 48269 the collector was directed to reliquidate the entries, allowing 21⁄2 percent in the weight of the cheese to compensate for the weight of the inedible coverings.
# Official Journal C 323/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 323 |
| | |
| English edition | Information and Notices | Volume 631 October 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 323

English edition

Information and Notices

Volume 631 October 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 323/01 | Communication from the Commission — Commission Guidance on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence | 1 |
| 2020/C 323/02 | Non-opposition to a notified concentration (Case M.9778 — TUI AG/RCCL/Hapag-Lloyd Cruises) (
  1
  ) | 7 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 323/01

Communication from the Commission — Commission Guidance on the implementation of EU rules on definition and prevention of the facilitation of unauthorised entry, transit and residence

1

2020/C 323/02

Non-opposition to a notified concentration (Case M.9778 — TUI AG/RCCL/Hapag-Lloyd Cruises) (
  1
  )

1

7

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 323/03 | Euro exchange rates — 30 September 2020 | 8 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2020/C 323/04 | State aid – Decision to raise no objections | 9 |
| 2020/C 323/05 | State aid – Decision to raise no objections | 10 |
| 2020/C 323/06 | State aid – Decision to raise no objections | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 323/03

Euro exchange rates — 30 September 2020

8

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2020/C 323/04

State aid – Decision to raise no objections

9

2020/C 323/05

State aid – Decision to raise no objections

10

2020/C 323/06

State aid – Decision to raise no objections

11

---

| | V   Announcements |
| --- | --- |
| | OTHER ACTS |
| | European Commission |
| 2020/C 323/07 | Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector | 12 |

V   Announcements

OTHER ACTS

European Commission

2020/C 323/07

Publication of the single document referred to in Article 94(1)(d) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council and of the reference to the publication of the product specification for a name in the wine sector

12

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
#### UNITED STATES, Appellee v JOHN C. CRANE, Sergeant First Class, U. S. Army, Appellant

9 USCMA 437, 26 CMR 217

No. 10,973

Decided July 3, 1958

*Colonel Edward M. O’Connell*and *First Lieutenant William L. Garwood*were on the brief for Appellant, Accused.

*Lieutenant Colonel John G. Lee*and *First Lieutenant Avram G. Hammer*were on the brief for Appellee, United States.

Opinion of the Court

HomeR Ferguson, Judge:

We granted review in this ease to consider whether the law officer’s instructions on constructive knowledge were correct. The accused was tried and convicted of several offenses, including a violation of a lawful general regulation promulgated by the United States Army Training Center, Armor, Fort Knox, Kentucky, by using alcoholic beverages while associating with trainees. The law officer instructed the court-martial that an essential element of the offense of failure to obey a lawful order or regulation in violation of Article 92(2), Uniform Code of Military Justice, 10 USC § 892(2), was that the accused have knowledge of the regulation. He also advised that it was unnecessary for the prosecution to show that the accused had actual knowledge and that proof of constructive knowledge was sufficient. He further explained that constructive knowledge of a matter exists “when the accused, by the exercise of ordinary care, should have known of the matter whether he did so in fact.” In addi*438tion, the law officer instructed that the accused could not be convicted of the offense unless he knew of the regulation but that knowledge on his part could be proved by circumstantial evidence.

The same issue was before this Court in United States v Curtin, 9 USCMA 427, 26 CMR 207. There we held that the instruction on constructive knowledge was erroneous and had no place in a court-martial’s deliberations of an Article 92 offense. For the reasons contained in our opinion in that case, the instant conviction cannot stand. Consequently, the finding of guilt of the specification of Charge II is reversed and the record is returned to The Judge Advocate General of the Army for further action not inconsistent with the disposition ordered in United States v Curtin, supra.

Chief Judge Quinn concurs.

Latimer, Judge

(dissenting):

I dissent for the reasons expressed in my separate opinion in United States v Curtin, 9 USCMA 427, 26 CMR 207, decided this day.
110TH CONGRESS 

1ST SESSION H. CON. RES. 175 

CONCURRENT RESOLUTION 

Whereas the death gratuity payable under section 1477 of 

title 10, United States Code, upon the death of a member 

of the Armed Forces, is intended to provide funds to 

meet the immediate needs of the survivors of the deceased member; 

Whereas such section designates the surviving spouse and 

any children of a deceased member as the highest 
2 

•HCON 175 EH 

and second highest priority, respectively, to receive the 

death gratuity payment; and 

Whereas a member with a child or children, but no spouse, 

usually designates another individual to be responsible for 

that child or children and may express a desire that such 

individual receive the death gratuity payment on behalf 

of the child or children: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That it is the sense of Congress that courts 

3 with fiduciary responsibility for a child of a deceased mem4 ber of the Armed Forces who receives a death gratuity 

5 payment under section 1477 of title 10, United States 

6 Code, should take into consideration the expression of 

7 clear intent of the member regarding the distribution of 

8 funds on behalf of the child. 

Passed the House of Representatives July 23, 2007. 

Attest: 

Clerk. 

110TH CONGRESS 

1ST SESSION H. CON. RES. 175 

CONCURRENT RESOLUTION 

Expressing the sense of Congress that courts with 

behalf of the child. member regarding the distribution of funds on consideration the expression of clear intent of the title 10, United States Code, should take into death gratuity payment under section 1477 of member of the Armed Forces who receives a fiduciary responsibility for a child of a deceased
No. 46359.

#### Protest 55797-K of Holland American Import Co. (New York).

Opinion by

Dallinger, J.

At the hearing it was agreed by counsel that the containers in question are wholly or in chief value of tin plate, but not plated with platinum, gold, or silver, or colored with gold lacquer. In accordance therewith the claim at 22% percent under paragraph 397 and T. D. 49753 was sustained.
III 

109TH CONGRESS 

2D SESSION S. RES. 578 

Recognizing that the occurrence of prostate cancer in African American men 

has reached epidemic proportions and urging Federal agencies to address 

that health crisis by designating funds for education, awareness outreach, 

and research specifically focused on how that disease affects African 

American men. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2006 

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

Committee on Health, Education, Labor, and Pensions 

RESOLUTION 

Recognizing that the occurrence of prostate cancer in African 

American men has reached epidemic proportions and 

urging Federal agencies to address that health crisis 

by designating funds for education, awareness outreach, 

and research specifically focused on how that disease 

affects African American men. 

Whereas the incidence of prostate cancer in African American 

men is 60 percent higher than any other racial or ethnic 

group in the United States; 

Whereas African American men have the highest mortality 

rate of any ethnic and racial group in the United States, 

dying at a rate that is 140 percent higher than other ethnic and racial groups; 


bajohnson on PROD1PC69 with BILLS
2 

•SRES 578 IS 

Whereas that rate of mortality represents the largest disparity of mortality rates in any of the major cancers; 

Whereas prostate cancer can be cured with early detection 

and the proper treatment, regardless of the ethnic or racial group of the cancer patient; 

Whereas African Americans are more likely to be diagnosed 

earlier in age and at a later stage of cancer progression 

than for all other ethnic and racial groups, thereby leading to lower cure rates and lower chances of survival; and 

Whereas, according to a recent paper published in the Proceedings of the National Academy of Sciences, researchers from the Dana Farber Cancer Institute and Harvard 

Medical School have discovered a variant of a small segment of the human genome that accounts for the higher 

risk of prostate cancer in African American men: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes that prostate cancer has created 

3 a health crisis for African American men; and 

4 (2) declares the critical importance of the des5 ignation of increased funding for— 

6 (A) research to address and attempt to end 

7 the health crisis created by prostate cancer; and 

8 (B) efforts relating to education, aware9 ness, and early detection at the grassroots levels 

10 to end that health crisis. 

Æ 


bajohnson on PROD1PC69 with BILLS
# C_2017283EN.01004801.xml

| 28.8.2017 | EN | Official Journal of the European Union | C 283/48 |
| --- | --- | --- | --- |

28.8.2017

EN

Official Journal of the European Union

C 283/48

---

Order of the General Court of 30 March 2017 — Herm. Sprenger v EUIPO — web2get (Shape of an articulated stirrup)

(Case T-396/15) (1)

1

((EU trade mark - Application for a declaration of invalidity - Withdrawal of the application for a declaration of invalidity - No need to adjudicate))

(2017/C 283/74)

Language of the case: German

Parties

Parties

Applicant: Herm. Sprenger GmbH & Co. KG (Iserlohn, Germany) (represented by: V. Schiller, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: A. Söder and A. Schifko, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO: web2get GmbH & Co. KG (Dülmen, Germany)

Other party to the proceedings before the Board of Appeal of EUIPO:

Re:

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 22 April 2015 (Case R 520/2014-1), relating to opposition proceedings between web2get GmbH. & Co. and Herm. Sprenger GmbH & Co. KG.

Operative part of the order

Operative part of the order

| 1. | There is no longer any need to adjudicate on the action. |
| --- | --- |

1.

There is no longer any need to adjudicate on the action.

| 2. | Herm. Sprenger GmbH & Co. KG. shall pay the costs. |
| --- | --- |

2.

Herm. Sprenger GmbH & Co. KG. shall pay the costs.

---

(1)  OJ C 302, 14.9.2015.

1

---
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 175 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
H. CON. RES. 175

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas the death gratuity payable under section 1477 of title 10, United States 
        Code, upon the death of a member of the Armed Forces, is intended to 
        provide funds to meet the immediate needs of the survivors of the 
        deceased member;
Whereas such section designates the surviving spouse and any children of a 
        deceased member as the highest

              

 and second highest priority, respectively, to receive the death gratuity 
payment; and

Whereas a member with a child or children, but no spouse, usually designates 
        another individual to be responsible for that child or children and may 
        express a desire that such individual receive the death gratuity payment 
        on behalf of the child or children: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that courts with fiduciary 
responsibility for a child of a deceased member of the Armed Forces who 
receives a death gratuity payment under section 1477 of title 10, 
United States Code, should take into consideration the expression of 
clear intent of the member regarding the distribution of funds on 
behalf of the child.

            Passed the House of Representatives July 23, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                            H. CON. RES. 175

_______________________________________________________________________

                         CONCURRENT RESOLUTION

      Expressing the sense of Congress that courts with fiduciary 
responsibility for a child of a deceased member of the Armed Forces who 
   receives a death gratuity payment under section 1477 of title 10, 
 United States Code, should take into consideration the expression of 
   clear intent of the member regarding the distribution of funds on 
                          behalf of the child.
```
IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 186 

Honoring the 75th anniversary of Brookgreen Gardens in Murrells Inlet, 

South Carolina. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2007 

Mr. BROWN of South Carolina (for himself, Mr. WILSON of South Carolina, 

Mr. BARRETT of South Carolina, Mr. INGLIS of South Carolina, Mr. 

SPRATT, and Mr. CLYBURN) submitted the following concurrent resolution; which was referred to the Committee on Natural Resources 

CONCURRENT RESOLUTION 

Honoring the 75th anniversary of Brookgreen Gardens in 

Murrells Inlet, South Carolina. 

Whereas 2007 is the 75th year that Brookgreen Gardens is 

open to the public; 

Whereas in 1930 philanthropist Archer M. Huntington and 

his wife, sculptor Anna Hyatt Huntington, purchased 

9,100 acres of South Carolina land that stretched from 

the Waccamaw River to the Atlantic Ocean; 

Whereas within the tract of such land were the remnants of 

four rice plantations, including the Oaks, Springfield, 

Laurel Hill, and Brookgreen; 


ccoleman on PROD1PC69 with BILLS
2 

•HCON 186 IH 

Whereas the Huntingtons created Brookgreen Gardens on a 

300-acre parcel of land with massive live oak trees which 

were planted nearly two centuries earlier; 

Whereas in 1932 the Huntingtons opened Brookgreen Gardens to the public and established it as both a nature 

preserve and a showcase for American figurative sculpture; 

Whereas Brookgreen Gardens consists of two main components: the Huntington Sculpture Garden and the 

Lowcountry History and Wildlife Preserve; 

Whereas more than 550 works by hundreds of American artists are displayed in the Huntington Sculpture Garden; 

Whereas the Lowcountry History and Wildlife Preserve is 

rich with evidence of the great rice plantations of the 

1800s, contains native and domestic animal exhibits, and 

is the only zoo accredited by the Association of Zoos and 

Aquariums on the coast of either North Carolina or 

South Carolina; and 

Whereas Brookgreen Gardens is designated a National Historic Landmark by the National Park Service: Now, 

therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress honors Brookgreen Gardens 

3 in Murrells Inlet, South Carolina, on its 75th anniversary 

4 of being open to the public. 

Æ 


ccoleman on PROD1PC69 with BILLS
No. 40323.

#### Protest 820551-G of L. Oppleman, Inc. (New York).

Opinion by

Keefe, J.

It was stipulated that the merchandise consists of mineral specimens the same as those which were the subject of *Oppleman*v. *United States*(C. D. 42). The claim for free entry under paragraph 1719 was therefore sustained.
IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 239 

Recognizing and honoring birthparents who carry out an adoption plan. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 18, 2007 

Mrs. SCHMIDT (for herself, Mr. OBERSTAR, and Ms. GINNY BROWN-WAITE

of Florida) submitted the following concurrent resolution; which was referred to the Committee on Education and Labor 

CONCURRENT RESOLUTION 

Recognizing and honoring birthparents who carry out an 

adoption plan. 

Whereas once a pregnant woman and the man involved in the 

pregnancy (the birthparents) decide that they are unable 

to parent a child, carrying out an adoption plan is highly 

admirable; 

Whereas for the birthparents, carrying out an adoption plan 

can be an expression of great love for the child and can 

be what it means to be the best parent possible; 

Whereas birthparents who decide to carry out an adoption 

plan come from all walks of life, with various backgrounds and socioeconomic status; 


cnoel on PRODPC60 with BILLS
2 

•HCON 239 IH 

Whereas in 2002 (the most recent year for which such statistics are available), there were 22,291 domestic infant 

adoptions in the United States; 

Whereas birthparents should be recognized, honored, and 

commended for making a loving decision to carry out an 

adoption plan; and 

Whereas Congress should endeavor to do more to support 

birthparents who carry out an adoption plan: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress recognizes and honors 

3 birthparents who carry out an adoption plan. 

Æ 


cnoel on PRODPC60 with BILLS
# C_2015171EN.01001901.xml

| 26.5.2015 | EN | Official Journal of the European Union | C 171/19 |
| --- | --- | --- | --- |

26.5.2015

EN

Official Journal of the European Union

C 171/19

---

Request for a preliminary ruling from the Fővárosi Ítélőtábla (Hungary) lodged on 2 March 2015 — Gazdasági Versenyhivatal v Siemens Aktiengesellschaft Österreich

(Case C-102/15)

(2015/C 171/22)

Language of the case: Hungarian

Referring court

Referring court

Fővárosi Ítélőtábla

Parties to the main proceedings

Parties to the main proceedings

Applicant: Gazdasági Versenyhivatal

Applicant:

Defendant: Siemens Aktiengesellschaft Österreich

Defendant:

Question referred

Question referred

Does the concept of a claim in matters relating to quasi-delict under Article 5(3) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 [on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters] cover a claim which has its origin in the reimbursement of a fine imposed in competition proceedings and paid by a party domiciled in another Member State — the reimbursement to whom was subsequently held to be unjustified — which the competition authority makes against that party in order to obtain the return of interest which must legally be paid on reimbursement and which was paid by the authority concerned?

quasi-delict

1

---

(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).

1

---
No. 46361.

#### Protests 27454-K/89174, etc., of Associated Metals *&*Minerals Corp. (Chicago).

Opinion by

Dallinger, J.

At the hearing it was established that the protests in question were filed more than 60 days after liquidation. In accordance therewith the protests were dismissed as untimely.