alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013252EN.01004602.xml

| 31.8.2013 | EN | Official Journal of the European Union | C 252/46 |
| --- | --- | --- | --- |

31.8.2013

EN

Official Journal of the European Union

C 252/46

---

Judgment of the Civil Service Tribunal (Third Chamber) of 19 June 2013 — CF v EASA

(Case F-40/12) (1)

1

(Civil service - Former member of the temporary staff - Fixed-term contract - Dismissal during sick leave - Article 16 of the CEOS - Article 48(b)of the CEOS - Psychological harassment)

2013/C 252/80

Language of the case: French

Parties

Parties

Applicant: CF (Bierges, Belgium) (represented by: A. Schwend, lawyer)

Applicant:

Defendant: European Aviation Safety Agency (represented by: F. Manuhutu, Agent and D. Waelbroeck and A. Duron, lawyers)

Defendant:

Re:

Re:

Application to annul the decision to dismiss the applicant and application for compensation for damage claimed to be suffered because of that dismissal and alleged harassment.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the decision of 24 May 2011 whereby the authority empowered to conclude contracts of employment for the European Aviation Safety Agency terminated CF’s contract as a member of the temporary staff; |
| --- | --- |

1.

Annuls the decision of 24 May 2011 whereby the authority empowered to conclude contracts of employment for the European Aviation Safety Agency terminated CF’s contract as a member of the temporary staff;

| 2. | Orders the European Aviation Safety Agency to pay CF the sum of EUR 88 189,76 by way of compensation for her non-material damage; |
| --- | --- |

2.

Orders the European Aviation Safety Agency to pay CF the sum of EUR 88 189,76 by way of compensation for her non-material damage;

| 3. | Dismisses the action as to the remainder; |
| --- | --- |

3.

Dismisses the action as to the remainder;

| 4. | Orders the European Aviation Safety Agency to bear its own costs and to pay three quarters of the costs incurred by CF; |
| --- | --- |

4.

Orders the European Aviation Safety Agency to bear its own costs and to pay three quarters of the costs incurred by CF;

| 5. | Orders CF to bear one quarter of its own costs. |
| --- | --- |

5.

Orders CF to bear one quarter of its own costs.

---

(1)  OJ C 184, 23.6.2012, p.24

1

---
# C_2014031EN.01002101.xml

| 1.2.2014 | EN | Official Journal of the European Union | C 31/21 |
| --- | --- | --- | --- |

1.2.2014

EN

Official Journal of the European Union

C 31/21

---

Order of the Civil Service Tribunal (Third Chamber) of 13 December 2013 — Van Oost, Ibarra de Diego, Theodoridis and Hotz v Commission

(Joined Cases F-137/12, F-138/12, F-139/12 and F-141/12) (1)

1

(Civil service - Officials - Promotion - Certification procedure 2010-2011 - Exclusion from the list of certified officials - Amicable settlement on the initiative of the Tribunal - Time-limit for lodging a complaint - Complaint out of time - Concept of excusable error - Diligence required of a normally well-informed official - Information obtained by telephone - Proof - Inadmissibility)

2014/C 31/36

Language of the cases: French

Parties

Parties

Applicants: Fabrice Van Oost (Ville Pommerœul, Belgium), Maria Belén Ibarra de Diego (Alicante, Spain), Nicolaos Theodoridis (Soignies, Belgium) and Margarita Hotz (Brussels, Belgium), (represented by: S. Pappas, lawyer)

Applicants:

Defendant: European Commission (represented by: G. Berscheid and C. Berardis-Kayser, acting as Agents)

Defendant:

Re:

Re:

Applications for annulment of the decisions of EPSO not to include the applicants in the list of persons who have passed the tests at the end of the training programme which is part of the certification procedure, and claims for damages.

Operative part of the order

Operative part of the order

| 1. | Cases F-137/12, F-138/12 and F-139/12 are removed from the Register of the Tribunal. |
| --- | --- |

1.

Cases F-137/12, F-138/12 and F-139/12 are removed from the Register of the Tribunal.

| 2. | The parties in Cases F-137/12, F-138/12 and F-139/12 shall bear their own costs in accordance with their agreement. |
| --- | --- |

2.

The parties in Cases F-137/12, F-138/12 and F-139/12 shall bear their own costs in accordance with their agreement.

| 3. | The action in Case F-141/12 is dismissed as inadmissible. |
| --- | --- |

3.

The action in Case F-141/12 is dismissed as inadmissible.

| 4. | Ms Hotz shall bear her own costs and pay those incurred by the European Commission in Case F-141/12. |
| --- | --- |

4.

Ms Hotz shall bear her own costs and pay those incurred by the European Commission in Case F-141/12.

---

(1)  OJ C 26, 26.1.2013, pp. 75 and 76.

1

---
No. 96-5788.

#### Whitney *v.*United States Postal Service.

C. A. 2d Cir. Certiorari denied.
# C_2012389EN.01000901.xml

| 15.12.2012 | EN | Official Journal of the European Union | C 389/9 |
| --- | --- | --- | --- |

15.12.2012

EN

Official Journal of the European Union

C 389/9

---

Action brought on 23 October 2012 — ZZ v Commission

(Case F-123/12)

2012/C 389/14

Language of the case: French

Parties

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the Commission’s decision to reject the applicant’s request that her contract as a member of the contract staff for auxiliary tasks be reclassified as a temporary contract for an indefinite period.

Form of order sought

Form of order sought

| — | Annul the decision of 4 January 2012 of the AECE to reject the applicant’s request that her contract as a member of the contract staff for auxiliary tasks be reclassified as a temporary contract for an indefinite period; |
| --- | --- |

—

Annul the decision of 4 January 2012 of the AECE to reject the applicant’s request that her contract as a member of the contract staff for auxiliary tasks be reclassified as a temporary contract for an indefinite period;

| — | In so far as necessary, annul the decision rejecting her claim of 12 July 2012; |
| --- | --- |

—

In so far as necessary, annul the decision rejecting her claim of 12 July 2012;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

---
EXHIBIT 99.14

                           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 Amended Quarterly Report of Fayber,  Inc. (the "Company")
on Form 10-QSB for the period ending July 31, 2002 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"). I, Bernard F. Pracko,
II, President, CEO and CFO of the company,  certify,  pursuant to 18 USC Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
to the best of my knowledge and belief.

        (1)     The Report fully complies with the requirements of Sction 13(a)
                or 15(d) 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.


                                        /s/ Bernard F. Pracko, II
                                        --------------------------------
                                        Bernard F. Pracko, II, President/CEO/CFO

Dated:  8/27/02
No. 56705.

protests 144843-K and 145885-K (New York).

#### Harvey Brooks Coordinations, Inc., and Sterling Factors Company *v.*United States,

Opinion by

Ford, J.

The protests were dismissed.
# C_2013359EN.01001101.xml

| 7.12.2013 | EN | Official Journal of the European Union | C 359/11 |
| --- | --- | --- | --- |

7.12.2013

EN

Official Journal of the European Union

C 359/11

---

Judgment of the General Court of 25 October 2013 — Beninca v Commission

(Case T-561/12) (1)

1

(Access to documents - Regulation (EC) No 1049/2001 - Document drawn up by the Commission in the context of the merger between Deutsche Börse and NYSE Euronext - Refusal to grant access - Exception relating to the protection of the decision-making process)

2013/C 359/18

Language of the case: English

Parties

Parties

Applicant: Jürgen Beninca (Frankfurt-am-Main, Germany) (represented by: C. Zschocke, lawyer)

Applicant:

Defendant: European Commission (represented by: J. Baquero Cruz and F. Clotuche-Duvieusart, Agents)

Defendant:

Re:

Re:

Application for annulment of the Commission’s decision of 9 October 2012 refusing access to a memorandum from the head of the unit responsible for competition matters at the Directorate-General for Enterprise and Industry

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action.

| 2. | Orders Mr. Jürgen Beninca to pay the costs. |
| --- | --- |

2.

Orders Mr. Jürgen Beninca to pay the costs.

---

(1)  OJ C 46, 16.2.2013.

1

---
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# Armless musician inspires HQC employees to see beyond disabilities

By Beth Reece

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disabilityinclusionEEOequal opportunityResiliency
No. 40447.

#### Protest 720601-G of Haughton & Co. (Boston).

Opinion by

Evans, J.

On the record presented the protest was sustained as to two bales.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1184 

CA 11-00456 

PRESENT: SCUDDER, P.J., SMITH, SCONIERS, GORSKI, AND MARTOCHE, JJ. 

 

DAVID M. GORDON, PLAINTIFF-APPELLANT-RESPONDENT, 

V MEMORANDUM AND ORDER

LIN TV CORPORATION AND AL VAUGHTERS, 

DEFENDANTS-RESPONDENTS-APPELLANTS. 

 

HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR

PLAINTIFF-APPELLANT-RESPONDENT.

HISCOCK & BARCLAY, BUFFALO (JOSEPH M. FINNERTY OF COUNSEL), FOR

DEFENDANTS-RESPONDENTS-APPELLANTS. 

 

Appeal and cross appeal from an order of the Supreme Court, Erie

County (Christopher J. Burns, J.), entered November 23, 2010 in a

defamation action. The order granted the motion of defendants for

summary judgment and dismissed the complaint. 

It is hereby ORDERED that said cross appeal is unanimously

dismissed and the order is affirmed without costs.

Memorandum: Plaintiff appeals and defendants cross-appeal from

an order granting defendants’ motion for summary judgment dismissing

the complaint in this defamation action. We conclude at the outset

that defendants are not aggrieved by the order dismissing the

complaint and thus their cross appeal must be dismissed (see Town of

Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488). According to

plaintiff, defendant Al Vaughters misidentified plaintiff as the

president of a bankrupt investment fund during an evening news

television broadcast on a station owned and operated by defendant Lin

TV Corporation. We conclude that defendants met their burden of

establishing their entitlement to judgment as a matter of law inasmuch

as they did not act “in a grossly irresponsible manner without due

consideration for the standards of information gathering and

dissemination ordinarily followed by responsible parties” (Chapadeau v

Utica Observer-Dispatch, 38 NY2d 196, 199). As the Court of Appeals

noted in Chapadeau, a limited number of errors in news reporting is

inevitable (see id. at 200), and the fact that defendants corrected

the mistake within the same broadcast demonstrates that they strived

for accuracy (see Alicea v Ogden Newspapers, 115 AD2d 233, affd 67

NY2d 862). Because we conclude that defendants met their burden of

demonstrating that they did not act in a grossly irresponsible manner,

we do not address defendants’ alternative ground for affirmance, i.e.,

that plaintiff was a limited purpose public figure and thus that the
-2- 1184 

CA 11-00456 

court should have applied the higher standard of demonstrating actual

malice (see generally New York Times Co. v Sullivan, 376 US 254, 279-

280). 

Entered: November 10, 2011 Patricia L. Morgan

Clerk of the Court
Exhibit
      32.2





**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 of Seychelle Environmental Technologies,
      Inc.
      (the “small business issuer”) on Form 10-KSB for the fiscal year ended February
      28, 2007 as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”), I, Jim Place, Chief Financial Officer of the small business
      issuer certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec.
      906
      of the Sarbanes-Oxley Act of 2002, that, to the best of the undersigned’s
      knowledge and belief:





(1)
            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 Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                small
                business issuer.








/s/
      Jim Place


Jim
      Place


Chief
      Financial Officer




August
      22, 2007
Before the First Division,

October 29, 1942

No. 47681.

#### Protest 85347-K of Dan Brechner & Co. (New York).

Opinion by

Oliver, P. J.

In accordance with stipulation of counsel and following Abstract 40493, the balloons in question were held dutiable- under-paragraph 409, as claimed.
No. 45277.

#### Protest 20256-K of Stendrup & Co., Inc. (New York).

Opinion by

Brown, J.

There was no appearance on the part of the plaintiff at the hearing of this protest. On the record presented the protest was overruled.
EXHIBIT 32.2

                            SECTION 906 CERTIFICATION









<PAGE>



                                  Exhibit 32.2

                     CERTIFICATION OF DISCLOSURE 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 30DC,  Inc. (the "Company") on Form
10-Q for the period  ending March 31,  2014,  as filed with the  Securities  and
Exchange  Commission on the date hereof (the "Report") I, Theodore A. Greenberg,
Principal  Accounting  Officer  and  Chief  Financial  Officer  of the  Company,
certify,  pursuant to 18 USC section 1350, as adopted pursuant to section 906 of
the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

     (1) 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  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.


Dated: May 14, 2014

/s/ Theodore A. Greenberg
--------------------------------------------------------
Theodore A. Greenberg
Principal Accounting Officer and Chief Financial Officer


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
II 

112TH CONGRESS 

1ST SESSION S. 149 

To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005, the Intelligence Reform and Terrorism Prevention Act of 2004, and the FISA Amendments Act of 2008 until December 

31, 2013, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. REID (for Mrs. FEINSTEIN) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005, the Intelligence Reform and Terrorism Prevention Act of 2004, 

and the FISA Amendments Act of 2008 until December 

31, 2013, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FISA Sunsets Exten5 sion Act of 2011’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 149 IS

1 SEC. 2. SUNSET EXTENSIONS. 

2 (a) USA PATRIOT IMPROVEMENT AND REAUTHOR3 IZATION ACT OF 2005.—Section 102(b)(1) of the USA 

4 PATRIOT Improvement and Reauthorization Act of 2005 

5 (Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 

6 1861 note, and 50 U.S.C. 1862 note) is amended by strik7 ing ‘‘February 28, 2011’’ and inserting ‘‘December 31, 

8 2013’’. 

9 (b) INTELLIGENCE REFORM AND TERRORISM PRE10 VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel11 ligence Reform and Terrorism Prevention Act of 2004 

12 (Public Law 108–458; 50 U.S.C. 1801 note) is amended 

13 by striking ‘‘February 28, 2011’’ and inserting ‘‘December 

14 31, 2013’’. 

15 (c) FISA AMENDMENTS ACT OF 2008.— 

16 (1) EXTENSION.—Section 403(b)(1) of the 

17 FISA Amendments Act of 2008 (Public Law 110– 

18 261; 50 U.S.C. 1881 note) is amended by striking 

19 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

20 2013’’. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENTS.—Section 403(b)(2) of such Act (Public Law 

23 110–261; 122 Stat. 2474) is amended by striking 

24 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

25 2013’’. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 149 IS

1 (3) ORDERS IN EFFECT.—Section 404(b)(1) of 

2 such Act (Public Law 110–261; 50 U.S.C. 1801 

3 note) is amended in the heading by striking ‘‘DE4 CEMBER 31, 2012’’ and inserting ‘‘DECEMBER 31, 

5 2013’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
# C_2013225EN.01005305.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/53 |
| --- | --- | --- | --- |

3.8.2013

EN

Official Journal of the European Union

C 225/53

---

Appeal brought on 29 November 2012 by Alexandru Octavian Concal against the order of the General Court (Fourth Chamber) delivered on 25 September 2012 in Case T-320/12: Concal v Commission

(Case C-570/12 P)

2013/C 225/98

Language of the case: English

Parties

Parties

Appellant: Alexandru Octavian Concal (represented by: R. Neagu, avocat)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

By order of 27 June 2013 the Court of Justice (Seventh Chamber) held that the appeal was inadmissible.

---
# C_2013225EN.01007702.xml

| 3.8.2013 | EN | Official Journal of the European Union | C 225/77 |
| --- | --- | --- | --- |

3.8.2013

EN

Official Journal of the European Union

C 225/77

---

Judgment of the General Court of 27 June 2013 — MOL v OHIM — Banco Bilbao Vizcaya Argentaria (MOL Blue Card)

(Case T-367/12) (1)

1

(Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark MOL Blue Card - Earlier Community word marks BLUE, BLUE BBVA and TARJETA BLUE BBVA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 225/172

Language of the case: English

Parties

Parties

Applicant: MOL Magyar Olaj- és Gázipari Nyrt. (Budapest, Hungary) (represented by: K. Szamosi, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: F. Mattina, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Banco Bilbao Vizcaya Argentaria, SA (Bilbao, Spain) (represented by: J. de Oliveira Vaz Miranda Sousa and N. González-Alberto Rodríguez, lawyers)

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

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 May 2012 (Case R 2532/2011-2), concerning opposition proceedings between Banco Bilbao Vizcaya Argentaria, SA and MOL Magyar Olaj- és Gázipari Nyrt.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders MOL Magyar Olaj- és Gázipari Nyrt. to pay the costs. |
| --- | --- |

2.

Orders MOL Magyar Olaj- és Gázipari Nyrt. to pay the costs.

---

(1)  OJ C 319, 20.10.2012.

1

---