alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014315EN.01003101.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/31 |
| --- | --- | --- | --- |

15.9.2014

EN

Official Journal of the European Union

C 315/31

---

Order of the Court (Third Chamber) of 17 July 2014 (request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság — Hungary) — Delphi Hungary Autóalkatrész Gyártó kft v Nemzeti Adó- és Vámhivatal Nyugat-dunántúli Regionális Adó Főigazgatósága (NAV)

(Case C-654/13) (1)

1

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - VAT - Directive 2006/112/EC - Article 183 - Reimbursement of excess VAT - National rules preventing the payment of default interest on VAT not recoverable within a reasonable period on account of a condition held to be contrary to EU law - Principle of equivalence))

2014/C 315/49

Language of the case: Hungarian

Referring court

Referring court

Szombathelyi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings

Parties to the main proceedings

Applicant: Delphi Hungary Autóalkatrész Gyártó kft

Applicant:

Defendant: Nemzeti Adó- és Vámhivatal Nyugat-dunántúli Regionális Adó Főigazgatósága (NAV)

Defendant:

Operative part of the order

Operative part of the order

EU law, and in particular Article 183 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, must be interpreted as meaning that it precludes legislation and practice of a Member State, such as those at issue in the main proceedings, which prevent the payment of default interest on amounts of value added tax which were not recoverable within a reasonable period and on account of a national provision held to be contrary to EU law. In the absence of EU legislation on the subject, it is for the national law to establish, in conformity with the principles of equivalence and effectiveness, the procedure for the payment of such interest, which must not be less favourable than that applicable to actions based on infringement of domestic law with a similar purpose and cause of action to those based on the infringement of the EU law or be arranged such as to render the exercise of the rights conferred by the European Union legal order impossible in practice or excessively difficult, which it is for the referring court to ascertain in the case before it. The national courts are required, if necessary, to disapply any provision of national law contrary to EU law.

---

(1)  OJ C 85, 22.3.2014.

1

---
No. 48240.

#### Protests 934890-G, etc., of Henry Pollak, Inc. (New York).

Opinion by

Tilson, J.

In accordance with stipulation of counsel and on the authority of Abstract 47291, which record was admitted in evidence in this case, the hats in question were held dutiable as claimed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
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                -                       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 Labor

###### Employment and Training Administration 

          - [TA-W-62,947] 

                    By applications dated April 15, 2008, petitioners requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The denial notice was signed on March 21, 2008 and published in the                     **Federal Register**                     on April 24, 2008 (73 FR 22169).                 

The initial investigation resulted in a negative determination based on the finding that criteria I.A and II.A have not been met. The investigation revealed that the subject firm did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. 

In the request for reconsideration, the petitioner provided additional information regarding employment and layoffs at the subject firm. 

The Department has carefully reviewed the request for reconsideration and the existing record and has determined that the Department will conduct further investigation. 

## Conclusion 

After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. 

Signed in Washington, DC, this 30th day of April, 2008. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E8-10035 Filed 5-6-08; 8:45 am] 

BILLING CODE 4510-FN-P
February 3, 1949

No. 7659

#### *Carson Pirie Scott & Co.*v. *United States.*

Entered at Chicago, Ill. Reap. Dec. 7635. Motion by plaintiff.
# C_2015016EN.01002201.xml

| 19.1.2015 | EN | Official Journal of the European Union | C 16/22 |
| --- | --- | --- | --- |

19.1.2015

EN

Official Journal of the European Union

C 16/22

---

Order of the President of the Court of 17 octobre 2014 — European Commission v Romania, intervening parties: Republic of Estonia, Kingdom of the Netherlands

(Case C-405/13) (1)

(2015/C 016/32)

Language of the case: Romanian

The President of the Grand Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 260, 7.9.2013.

---
#### R. H. Macy & Co., Inc. *v.*United States

No. 7683.

Invoices dated Montreal, Canada, June 9, 1947, etc.

Certified June 10, 1947, etc.

Entered at New York, N. Y., June 25, 1947, etc.

Entry Nos. 802046; 739918; 06624.

(Decided March 11, 1949)

*John R. Rafter*for the plaintiff.

*David N. Edelstein,*Assistant Attorney General *(Charles J. Miville,*special attorney), for the defendant.

Mollison, Judge:

These appeals for reappraisement have been submitted for decision upon tbe following stipulation of counsel for tbe parties hereto:

> IT IS HEREBY STIPULATED AND AGREED, subject to the approval of the Court, that the issues in the appeals for reappraisement listed above are the same in all material respects as the issues decided in *C. J. Tower & Sons*v. *United States,*R. D. 7624, and that the record in said case may be incorporated herein.

> IT IS FURTHER STIPULATED AND AGREED that the appraised values of the merchandise involved in each of the above-enumerated cases, less the additions made by the importer on entry because of advances by the appraiser in similar cases, are equal to the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is freely offered for sale to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities in the ordinary course of trade, for exportation to the United States, and that the foreign value of such or similar merchandise is no higher.

> IT IS FURTHER STIPULATED AND AGREED that these cases may be * submitted on the foregoing stipulation.

On tbe agreed facts I find tbe export value, as that value is defined in section 402 (d) of tbe Tariff Act of 1930, to be tbe proper basis for the determination of tbe value of tbe merchandise here involved, and that such values are tbe appraised values, less tbe additions made by tbe importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
Order entered June 20, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00057-CV

SHERRELLE WILLIAMSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 2

Kaufman County, Texas

Trial Court Cause No. 12C-012-2

ORDER

The clerk’s record in this case is overdue. By postcard dated January 25, 2013 we 

notified the Kaufman County Clerk that the clerk’s record was overdue. We directed the County 

Clerk to file the record within 30 days. To date, we have not received the clerk’s record. 

Accordingly, we ORDER Kaufman County Clerk Laura Hughes to file, within TEN 

DAYS of the date of this order, either the clerk’s record or written verification that appellant has 

not been found indigent and has not paid for the record. We notify appellant that if we receive 

verification she is not indigent and has not paid for the record, we will, without further notice, 

dismiss the appeal. See TEX. R. APP. P. 37.3(b).

We DIRECT the Clerk to send copies of this order, by electronic transmission, to:
Laura Hughes

Kaufman County Clerk

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
Exhibit 32.1   SKINOVATION PHARMACEUTICAL INCORPORATED  CERTIFICATION OF PERIODIC REPORT Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 18 U.S.C. Section 1350  The undersigned executive officer of Skinovation Pharmaceutical Incorporated certifies pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:  a. the quarterly report on Form 10-Q of Skinovation Pharmaceutical Incorporated for the quarter ended September 30, 2009 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  b. the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of  Skinovation Pharmaceutical Incorporated.   Date: October 29, 2009/s/ Hugo Rodier
Hugo Rodier
Principal Executive Officer
Principal Financial Officer
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1**  **926**

JOHN M

. DICKSON, JR. , Plaintiff

- Appellant ,

v. OFFICER SOREL V. UTSEY, in his official and individual capacity; CITY OF NEWPORT NEWS POLICE CHIEF JAMES D. FOX, in his official and individual capacity, acting under color of state law; CITY OF NEWPORT NEWS POLICE DEPARTMENT, in its official capacity, and as a person acting under color of state law; CLERK MRS/MS JANE DOE OF THE GENERAL DISTRICT COURT THE TRAFFIC/CIV IL DIVISION, in her individual capacity acting under color of state law , Defendants

- Appellees

.
Appeal from the United States District Court for the Eastern District of Virginia , at N ewport News

. Arenda L. Wright Allen , District Judge. ( 4 :13

- cv - 0 0 057

- AWA

- DEM )

Submitted : December 18, 2014 Decided: December 22, 2014

Before SHEDD, WYNN, and THACKER , Circuit Judges.

Affirmed by un published per curiam opinion

.

John M. Dickson, Jr. , Appellant Pro Se. Darlene P. Bradberry, OFFICE OF THE CITY ATTORNEY , N ewport News , Virginia , for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
John M

. Dickson, Jr., appeals the district court ’ s order denying relief on his civil complain t. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Dickson v. U tsey ,
No. 4 :13

- cv - 00 057

- AWA

- DEM (E.D. Va. Ju ly 29 , 2014) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 32.1


                                  CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
        (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18,
                               UNITED STATES CODE)

            Pursuant  to  section  906  of  the   Sarbanes-Oxley   Act  of  2002
(subsections (a) and (b) of section 1350,  chapter 63 of Title 18, United States
Code),  the  undersigned  officer of Interplay  Entertainment  Corp., a Delaware
corporation  (the  "Company"),  does hereby  certify  with respect to the Annual
Report of the Company on Form 10-K/A for the fiscal year ended December 31, 2006
as filed with the Securities and Exchange Commission (the "10-K Report") that:

     (1)  the 10-K 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 10-K Report fairly presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.


Date:    March 27, 2008

                                       /S/ HERVE CAEN
                                      ----------------------------------
                                      Herve Caen
                                      Chief Executive Officer and
                                      Interim Chief Financial Officer
Catherine Pitman P.Geo.
 AMC Mining Consultants (Canada) Limited,
 Suite 1330, 200 Granville Street,
 Vancouver, British Columbia V6C 1S4,
      To the Board of Directors of Rubicon Minerals Corporation
     I, Catherine Pitman, hereby consent to the incorporation by reference in this annual report on Form 40-F for the year ended December 31, 2011 of the technical report entitled “F2 Gold System - Phoenix Gold Project Bateman Township Red Lake, Canada Technical Report” dated effective August 8th 2011 (the “Technical Report”) and to extracts from, or a summary of, the Technical Report in the written disclosure contained in the Company’s Annual Information Form for the financial year ended December 31, 2011 (the “AIF”), dated March 27, 2011.
   Dated as of this 27th day of March 2012
   Original signed by
  “Catherine Pitman”
  Catherine Pitman, P.Geo.
 Senior Geologist
 AMC Mining Consultants (Canada) Limited
#### U.C., a juvenile, Appellant, v. The STATE of Florida, Appellee.

No. 98-180.

District Court of Appeal of Florida, Third District.

Oct. 21, 1998.

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Alison B. Cutler, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ.

PER CURIAM.

In *F.A.T. v. State,*690 So.2d 1347 (Fla. 1st DCA 1997), the First District held that public school attendance records, including records of absences, are protected from disclosure. § 228.093(3)(d), Fla. Stat. (1997). Although this privilege is subject to certain exceptions, none are applicable to this case. In the instant case, however, the juvenile waived this privilege when he informed the trial court that he had failed to attend school. Accordingly, we affirm the trial *380court’s order finding the juvenile in indirect criminal contempt.

Affirmed.
No. 96-280.

#### Haygood et ux. *v.*Savage, Individually and as a Law Enforcement Officer, Fayette County Sheriff’s Department.

C. A. 11th Cir. Certiorari denied.
1998 ME 239

#### Quirino LUCARELLI v. CITY OF SOUTH PORTLAND, et al.

Supreme Judicial Court of Maine.

Argued Oct. 6, 1998.

Decided Nov. 2, 1998.

Daniel R. Warren (orally), Jones & Warren, P.A., Scarborough, for appellant.

Christopher L. Vaniotis (orally), Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for plaintiff.

Mary Kahl, Corporation Counsel, South Portland, for defendant.

*535Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

DANA Justice.

[¶ 1] Hans Hackett appeals from the judgment entered in the Superior Court (Cumberland County, *Brennan, J.)*vacating the City of South Portland Planning Board’s decision denying a special exception use permit. We dismiss the appeal and affirm the trial court’s decision because Hackett lacks standing.

[¶ 2] Quirino Lucarelli applied to the Board for a special exception use permit to erect a 150-foot communications tower in South Portland. Following a hearing at which numerous members of the community voiced their opposition to the proposed tower, the Board denied the application. Lucar-elli appealed the decision to the Superior Court pursuant to M.R.Civ.P. 80B, and the court vacated the Planning Board’s decision. South Portland did not appeal because the City had repealed the ordinance at issue and enacted a new one. Hackett, a resident of South Portland, moved to intervene pursuant to M.R.Civ.P. 24. The trial court granted the motion, and Hackett appealed.

[¶ 3] To establish standing to appeal a decision of a zoning board a party must have participated in the hearing and must demonstrate a particularized injury caused by the zoning board’s decision. *Brooks v. Town of North Berwick,*1998 ME 146, ¶ 8, 712 A.2d 1050, 1053. One does not participate in a hearing by expressing opposition to an application prior to the hearing, *see Jaeger v. Sheehy,*551 A.2d 841, 842 (Me. 1988) (holding pre-hearing conversations with a member of the board did not constitute participation), nor by opposing the application at a related preliminary hearing, *Department of Envtl. Protection v. Town of Otis,*1998 ME 214, ¶8, 716 A.2d 1023, 1025 (holding that written comments by the DEP to a Planning Board at a preliminary phase of an application for a permit did not constitute participation). The requirement of participation is so well established that we have recently held that even the Attorney General must participate in the hearing to establish standing. *Id.*¶¶ 9-15, 716 A.2d at 1025-27.

[¶4] Although Hackett alleges that he voiced his opposition to the tower by attending Planning Board meetings and speaking with city council members, there is no evidence in the record that he participated *in the hearing.*Hackett has failed to establish standing to participate in the appeal.

The entry is:

Judgment affirmed.
[Put
      Agreement Execution Page]

     

    IN
      WITNESS WHEREOF, the parties hereto have duly executed this Put Agreement as
      of
      the date and year first above written.

     

    
      	 	
              COMPANY:

              SINO-GLOBAL
                SHIPPING AMERICA, LTD.

            
	 	 
	 	 
	 	By:
              /s/ Cao
              Lei                                                         
              
	 	Name:
              Cao Lei
	 	Title:   
              CEO
	 	 
	 	 
	 	BUYER:
	 	 
	 	 
	 	/s/
              Mark A.
              Harris                                                   
              
	 	MARK
              A. HARRIS, as joint tenant with
	 	ROSLYN
              O. HARRIS
	 	 
	 	 
	 	/s/
              Roslyn O.
              Harris                                                
              
	 	ROSLYN
              O. HARRIS, as joint tenant with 
	 	MARK
              A. HARRIS


    

     

     

     

    
      
        
        

      

      
        5
[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Notices]
[Pages 40562-40563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19825]


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

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster #2962]


State of Texas

Amendment #1

    In accordance with notices from the Federal Emergency Management 
Agency dated July 15, 16, and 18, 1997, the above-numbered Declaration 
is hereby amended to include the Counties of Blanco, Comal, Eastland, 
Edwards, and Hays in the State of Texas as a disaster area due to 
damages caused by severe thunderstorms and flooding. This declaration 
is further amended to establish the incident period for this disaster 
as beginning on June 21, 1997 and continuing through July 15, 1997.
    In addition, applications for economic injury loans from small 
businesses located in the following contiguous

[[Page 40563]]

counties in the State of Texas may be filed until the specified date at 
the previously designated location: Brown, Callahan, Comanche, Erath, 
Palo Pinto, Shackelford, Stevens, Sutton, and Val Verde.
    All other information remains the same, i.e., the deadline for 
filing applications for physical damage is September 5, 1997 and for 
economic injury the termination date is April 7, 1998.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 
59008)

    Dated: July 21, 1997.
Bernard Kulik,
Associate Administrator for Disaster Assistance.
[FR Doc. 97-19825 Filed 7-28-97; 8:45 am]
BILLING CODE 8025-01-P
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# Former DLA officer selected to lead DLA Logistics Operations 

By DLA Public Affairs

                FORT BELVOIR, Va.  –              
Navy Rear Adm. Joseph Noble Jr. has been selected as the next director of Defense Logistics Agency Logistics Operations. He will replace Air Force Maj. Gen. Day.

Noble currently commands Naval Supply Systems Command Weapons Systems Support in Mechanicsburg, Pennsylvania. He previously served in DLA as chief of the Strategic Programs Division and executive officer to the DLA director.

“Rear Adm. Noble has an impressive resume of logistics and leadership experience that will serve DLA well,” DLA Director Navy Vice Adm. Michelle Skubic said in an email to senior leaders announcing the selection.  

His prior assignments include special assistant to the secretary of the Navy for audit readiness, commander of the Navy Supply Corps School, and assistant commander for supply operations and logistics policy for Naval Supply Systems Command.  

 

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No. 48866.

#### Protest 936528-G of Frank J. Markwalter Co. (New York).

Opinion by

Kincheloe, J.

It appeared from the collector’s report that the merchandise would now be classifiable as sisal binding twine, free of duty under paragraph 1622, following *Geo. Wm. Rueff, Inc.*v. *United States*(T. D. 49151). The protest was sustained accordingly.