alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014175EN.01003901.xml

| 10.6.2014 | EN | Official Journal of the European Union | C 175/39 |
| --- | --- | --- | --- |

10.6.2014

EN

Official Journal of the European Union

C 175/39

---

Judgment of the General Court of 9 April 2014 — Farmaceutisk Laboratorium Ferring v OHIM — Tillotts Pharma (OCTASA)

(Case T-501/12) (1)

1

((Community trade mark - Opposition proceedings - Application for Community word mark OCTASA - Earlier national word marks PENTASA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

2014/C 175/52

Language of the case: English

Parties

Parties

Applicant: Farmaceutisk Laboratorium Ferring A/S (Copenhagen, Denmark) (represented initially by I. Fowler, Solicitor, A. Renck and J. Fuhrmann, lawyers, and subsequently by I. Fowler, A. Renck and D. Slopek, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Tillotts Pharma AG (Ziefen, Switzerland) (represented by: T. Alkin, Barrister)

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

Re:

Re:

Action against the decision of the Fourth Board of Appeal of OHIM of 6 September 2012 (Case R 1214/2011-4), concerning opposition proceedings between Farmaceutisk Laboratorium Ferring A/S and Tillotts Pharma AG.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2012 (Case R 1214/2011-4); |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 September 2012 (Case R 1214/2011-4);

| 2. | Orders OHIM to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring A/S; |
| --- | --- |

2.

Orders OHIM to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring A/S;

| 3. | Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring. |
| --- | --- |

3.

Orders Tillotts Pharma AG to bear its own costs and to pay half of the costs incurred by Farmaceutisk Laboratorium Ferring.

---

(1)  OJ C 26, 26. 1. 2013.

1

---
No. 48838.

#### Protests 826226-G, etc., of Tom Tomasides (New York).

*277Opinion by

Keefe, J.

It was stipulated that the cheese in question is similar to that the subject of Abstract 39667. The protests were therefore sustained to this extent.
Cooperation Agreement


Cooperation Agreement




Party A: ____________________________




Party B: Dalian Vitup Management Holdings Co., Ltd.




In consideration to improve the quality and service level of medical and healthcare services provided by Party B, both parties hereinabove have reached an agreement through friendly negotiation on the terms and conditions as follows:




1.

Party A acknowledges its identity as a business partner of Party B.

2.

Party A acknowledges the medical exams data provided under the guidance of Party B in connection with the members who receive medical assistance.

3.

Party A will not only provide VIP and foreign members of Party B a green path for medical consultation and treatment but also recommend high-level medical staff for ensuring the acquirement of rapid and high-quality medical services.

4.

In case of Party B introduction patients by Party B into Party A, Party B shall make available all relevant medical information or data of such patients and shall also assist the staffs of Party A in performance of medical consultation and treatment activities.

5.

Party B shall, based on the fee-charging standard approved by the state, take the responsibility to pay the medical and relevant service expenses of its members for receiving the medical treatment and relevant services.

6.

Party A undertakes to keep the personal information of all members of Party B in confidential.

7.

According to the requirements of Party B, Party A shall use its best efforts to arrange technical staffs to participate in the activities of medical consultation and treatment, etc legally, for which Party B shall pay the fees accordingly.

8.

This agreement is made in duplicate, and each party holds one. Each agreement has the same legal effect.

9.

This agreement is valid for three years and can be extended through the friendly negotiation of both parties after the termination of the agreement herein.





































Party A: ______________________________






1










Signature:                                 




Date:                                  
















Party B: Dalian Vitup Management Holdings Co., Ltd.




Signature:                                 




Date:                                  









2
# C_2014421EN.01003501.xml

| 24.11.2014 | EN | Official Journal of the European Union | C 421/35 |
| --- | --- | --- | --- |

24.11.2014

EN

Official Journal of the European Union

C 421/35

---

Judgment of the General Court of 9 October 2014 — Bermejo Garde v EESC

(Case T-530/12 P) (1)

1

((Appeal - Civil service - Officials - Psychological harassment - Illegal activities affecting the interests of the European Union - Serious failure to comply with the obligations of officials - Articles 12(a) and 22(a) of the Staff Regulations - Denunciation by the appellant - Reassignment following that denunciation - No consultation of OLAF by the immediate superior who received the information - Measures adversely affecting a person - Good faith - Rights of the defence - Competence of the authority issuing the measure))

2014/C 421/48

Language of the case: French

Parties

Parties

Appellant: Moises Bermejo Garde (Brussels, Belgium) (represented by: L. Levi, lawyer)

Appellant:

Other party to the proceedings: European Economic and Social Committee (EESC) (represented initially by G. Nijborg, and subsequently by U. Schwab and M. Lernhart, acting as Agents, assisted by B. Wägenbaur, lawyer)

Other party to the proceedings:

Re:

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10, not yet published in the ECR), seeking the setting aside of that judgment.

Bermejo Garde

EESC

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10) in so far as it dismisses Mr Moises Bermejo Garde’s action for annulment of Decision No 133/10 A of the European Economic and Social Committee (EESC) of 24 March 2010 relieving him of his previous post and of EESC Decision No 184/10 A of 13 April 2010 concerning his reassignment; |
| --- | --- |

1.

Sets aside the judgment of the European Union Civil Service Tribunal (First Chamber) of 25 September 2012 in Bermejo Garde v EESC (F-41/10) in so far as it dismisses Mr Moises Bermejo Garde’s action for annulment of Decision No 133/10 A of the European Economic and Social Committee (EESC) of 24 March 2010 relieving him of his previous post and of EESC Decision No 184/10 A of 13 April 2010 concerning his reassignment;

| 2. | Dismisses the remainder of the appeal; |
| --- | --- |

2.

Dismisses the remainder of the appeal;

| 3. | Refers the case back to the Civil Service Tribunal; |
| --- | --- |

3.

Refers the case back to the Civil Service Tribunal;

| 4. | Reserves the costs. |
| --- | --- |

4.

Reserves the costs.

---

(1)  OJ C 55, 23.2.2013.

1

---
No. 46402.

#### Protest 977970-G of Wm. Shaland (New York).

Opinion by

Oliver, P. J.

It was stipulated that the jump sticks or trick paddles in question are composed in chief value of wood and are similar to those the subject of Abstract 44028. The claim at 33)4 percent under paragraph 412 was therefore sustained.
Exhibit 32.2 CERTIFICATE OF CFO
PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of
International Smart Sourcing, Inc. (the Company) on Form 10-K for the year
ended December 31, 2008 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Michael Rakusin, Chief Financial Officer,
hereby certify, pursuant to 18 U.S.C. ss 1350, as adopted pursuant to ss 906 of
the Sarbanes-Oxley Act of 2002, that:

|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 as of and for the period covered
      by the Report.
|  

| | /s/Michael Rakusin           
| | -----------------------------
| | Michael
      Rakusin        
| | Chief Financial
      Officer
| | January 26,
      2009       

---
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#### Carey *&*Skinner, Inc., a/c Cheerio Toys *&*Games, Ltd. *v.*United States

No. 7729.

Entry No. 5092.

(Decided August 10, 1949)

*Tompkins & Tompkins (Allerton deC. Tompkins*of counsel) for the plaintiff.

*David N. Edelstein,*Assistant Attorney General, for the defendant.

Oliver, Chief 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, subject to the approval of the Court, that the market value or price at the time of exportation of the finished wood toys involved herein, at which such or similar merchandise was freely offered for sale 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, for exportation to the United States, was $1.00, Canadian currency, per dozen net packed, and that the foreign value of such or similar merchandise was no higher.

> IT IS FURTHER STIPULATED AND AGREED that this case may be submitted on the foregoing stipulation.

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such value was $1.00 Canadian currency, per dozen, net packed.

Judgment will be rendered accordingly.
January 29, 1999

Mr. Gerard Armond Powell, CEO
ThatLook.com (fka Cooperative Images Inc.)/Elective Investments Inc.
210 West Fourth Street Suite 101
East Stroudsburg, PA 18301

Dear Mr. Powell:

Per our conversation earlier this week I'd like to take the opportunity to
summarize and document the result of this discussion.

1) Purchase of transactions of a go forward basis

Leasecomm corporation will purchase contracts originated through thatlook.com
(fka Cooperative Images)/ Elective Investments (TL.COM/EI) under its' normal
credit guidelines. Leasecomm will grade applications into four groups;
P,S,T,R. We will no longer have a Holdback on any purchase and will increase
our discounts to purchase transactions as a percentage of Face Value (Loan
Balance) as follows:

P rated credit 96.5%
S rated credit 78.0%
T rated credit 68.0%
R rated credit Rejected

All other perimeters set forth in the Loan Documents entered into between
MicroFinancial Inc. (fka Boyle Leasing Technologies Inc.) and TL.COM/EI are in
full effect.

2) Loan summary

Leasecomm Corporation is in the process of un-batching the batched
transactions sent to us over the past year and a half. The essence of this
process is to better ascertain and monitor the collateral value of the pledged
assets and match the amortization of these assets with the actual cash flow
driven from these assets. It is imperative that we get timely reporting on the
performance and status of each of these transactions so we may better track
the status of each transaction on our system. This process dovetails with
Leasecomm modifying our system to handle simple interest consumer
transactions. This system will also be used to monitor purchased transactions
on a go forward basis.

3) TL.COM/EI has agreed to release to Leasecomm Corporation all
Holdback funds, from Loan and Purchase Line transactions. This does
not release TL.COM/EI from any obligation and is done in good faith to
account for the less than expected performance of the contracts
purchased or pledged to Leasecomm.

Please call with any questions.

Sincerely yours,                              Accepted:
/s/ J. Gregory Hines
J. Gregory Hines                              By: /s/ Gerard A. Powell
Vice President                                Gerard A. Powell, CEO
No. 56732.

protest 166213-K (New York).

#### General Felt Products Co. *v.*United States,

Opinion by

Rao, J.

In accordance with stipulation of counsel that the merchandise is the same in all material respects as that which was the subject of *The Midwest Waste Material Co.*and *E. J. Keller Co., Inc.*v. *United States*(28 Cust. Ct. 8, C. D. 1382), the claim of the plaintiff was sustained.

Ford, J., dissented from the conclusion reached by his associates in this case for the reasons stated in his dissenting opinion in C. D. 1382, *supra.*
II 

112TH CONGRESS 

1ST SESSION S. 1836 

To amend the Oil Pollution Act of 1990 to clarify that the Act applies 

to certain incidents that occur in water beyond the exclusive economic 

zone of the United States. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 9, 2011 

Mr. MENENDEZ (for himself and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To amend the Oil Pollution Act of 1990 to clarify that 

the Act applies to certain incidents that occur in water 

beyond the exclusive economic zone of the United States. 

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 ‘‘Foreign Oil Pollution 

5 Act’’. 

6 SEC. 2. ELEMENTS OF LIABILITY. 

7 Section 1002(a) of the Oil Pollution Act of 1990 (33 

8 U.S.C. 2702(a)) is amended by inserting ‘‘, and any for9 eign offshore unit from which oil is discharged outside the 


tjames on DSK6SPTVN1PROD with BILLS
2 

•S 1836 IS

1 navigable waters or the exclusive economic zone before en2 tering or posing a substantial threat to enter the navigable 

3 waters or exclusive economic zone,’’ after ‘‘economic 

4 zone’’. 

5 SEC. 3. FOREIGN OFFSHORE UNITS; LIMITATIONS ON LI6 ABILITY. 

7 (a) DEFINITION OF FOREIGN OFFSHORE UNIT.— 

8 Section 1001(10) of the Oil Pollution Act of 1990 (33 

9 U.S.C. 2701(10)) is amended by striking ‘‘or on the conti10 nental shelf’’ and inserting ‘‘on the continental shelf, or 

11 within the exclusive economic zone’’. 

12 (b) LIMITATIONS ON LIABILITY.—Section 1004 of 

13 the Oil Pollution Act of 1990 (33 U.S.C. 2704) is amend14 ed by adding at the end the following: 

15 ‘‘(e) FOREIGN OFFSHORE UNITS.—There shall be no 

16 limitation on liability under this Act for any incident in17 volving a foreign offshore unit in which oil is discharged 

18 and enters or poses a substantial threat to enter the navi19 gable waters or the exclusive economic zone.’’. 

20 SEC. 4. OIL SPILL LIABILITY TRUST FUND. 

21 Section 9509(c)(2) of the Internal Revenue Code of 

22 1986 is amended— 

23 (1) by redesignating subparagraph (B) as sub24 paragraph (C), 


tjames on DSK6SPTVN1PROD with BILLS
3 

•S 1836 IS

1 (2) by inserting after subparagraph (A) the fol2 lowing new subparagraph: 

3 ‘‘(B) EXCEPTION.—Subparagraph (A) 

4 shall not apply to any incident involving a for5 eign offshore unit (as defined in section 

6 1001(10) of the Oil Pollution Act of 1990) in 

7 which oil is discharged and enters or poses a 

8 substantial threat to enter the navigable waters 

9 or the exclusive economic zone.’’, and 

10 (3) by striking ‘‘The maximum amount’’ in sub11 paragraph (A) and inserting ‘‘Except as provided in 

12 subparagraph (B), the maximum amount’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
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 MILLENNIUM  CAPITAL  VENTURE  HOLDINGS,
INC.(the  "Company")  on Form 10-QSB for the quarter  ending March 31, 2004,  as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Leonard  Sternheim,  President,  Principal  Financial Officer and
Principal Accounting Officer of the Company,  certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

      (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 result of  operations of the
Company.

/s/ Francis Mailhot
---------------------------------------
Francis Mailhot
President, Principal Financial Officer,
Principal Accounting Officer, Chairman
of the Board of Directors

Dated: June 16, 2005
Before the Third Division,

February 6, 1940

No. 43197.

#### Protest 987928-G of Kunreuther & Merfeld, Inc. (New York).

Opinion by

Evans, J.

The protest was dismissed on the ground that it involves a question of value.
NOTE: This order is nonprecedential. 

mniteb ~tate~ QCourt of ~peal~ 

for tbe jfeberal QCircuit 

02 MICRO INTERNATIONAL LTD. AND 02 MICRO 

INC., 

Appellants, 

v. 

INTERNATIONAL TRADE COMMISSION, 

Appellee, 

AND 

MICROSEMI CORPORATION, • 

Intervenor. 

2010-1482 

On appeal from the United States International Trade 

Commission in Investigation No. 337-TA-666. 

ON MOTION 

ORDER 

02 Micro International, Ltd. and 02 Micro, Inc. move 

to withdraw their appeal. 

Upon consideration thereof, 
02 MICRO INTL LTD v. ITC 

IT Is ORDERED THAT: 

(1) The motion to dismiss the appeal is granted. 

(2) Each side shall bear its own costs. 

FEB 01 2012 

Date 

cc: Henry C. Bunsow, Esq. 

s21 

Panyin A. Hughes, Esq. 

Mark W. Yocca, Esq. 

FOR THE COURT 

lsI Jan Horbaly 

Jan Horbaly 

Clerk 

Issued As A Mandate: __ F_E_B_O.:....:..1-=2..:..01-=2 __ 

2 

FILED 

U.S. COURT OF APPEALS FOR 

THE FEDERAL CIRCUIT 

FEB 01 2012 

JAN HORBALY 

CLERK
Exhibit 10.12

June 30, 2007

AAA Capital Management Inc.
1300 Post Oak Blvd. #350
Houston, Texas 77056

Attention: Mr. Anthony Annunziato

Re:    Management Agreement Renewal

Dear Mr. Annunziato:

We are writing with respect to your management agreement concerning the commodity pools to which reference is made below (the ‘‘Management Agreement’’). We are extending the term of the Management Agreement through June 30, 2008 and all other provisions of the Management Agreement will remain unchanged.

| |   |                                  
| | - | ---------------------------------
| | • | Smith Barney AAA Energy Fund L.P.

Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have any questions I can be reached at 212-559-5046.

Very truly yours,

CITIGROUP MANAGED FUTURES LLC

By:/s/ Jennifer Magro

Jennifer Magro
Chief Financial Officer & Director

By:/s/ Anthony Annunziato

Print Name:Anthony Annunziato

---
Before the First Division,

June 17, 1944

No. 49510.

#### Protest 655910-G of Walter T. Ueland (New York).

Opinion by

Cole, J.

The merchandise was classified and claimed dutiable at the same rates and under the same paragraphs as similar merchandise covered by the decision in *Quong Yuen Shing*v. *United States*(31 C. C. P. A. 43, C. A. D. 247). In accordance with stipulation of counsel and on the authority of said cited case the merchandise at bar was found to contain salt and therefore excluded from paragraph 5. The protest was sustained to this extent.