alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020320EN.01002402.xml

| 28.9.2020 | EN | Official Journal of the European Union | C 320/24 |
| --- | --- | --- | --- |

28.9.2020

EN

Official Journal of the European Union

C 320/24

---

Action brought on 31 July 2020 — Tecnica Group v EUIPO — Zeitneu (Shape of a boot)

(Case T-483/20)

(2020/C 320/55)

Language of the case: English

Parties

Applicant: Tecnica Group SpA (Giavera del Montello, Italy) (represented by: C. Sala, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Zeitneu GmbH (Zurich, Switzerland)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union tridimensional mark (Shape of a boot) — European Union trade mark No 10 168 441

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 18 May 2020 in Case R 1093/2019-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO and the intervener to pay the costs. |
| --- | --- |

—

order EUIPO and the intervener to pay the costs.

Pleas in law

| — | Infringement of the principle of res judicata under Articles 123 and 124 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of the principle of res judicata under Articles 123 and 124 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of the principles of legality, equal treatment and sound administration under Articles 123 and 124 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of the principles of legality, equal treatment and sound administration under Articles 123 and 124 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of the principle of protection of legitimate expectations under Articles 123 and 124 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of the principle of protection of legitimate expectations under Articles 123 and 124 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 127 of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 127 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# C_2020247EN.01003901.xml

| 27.7.2020 | EN | Official Journal of the European Union | C 247/39 |
| --- | --- | --- | --- |

27.7.2020

EN

Official Journal of the European Union

C 247/39

---

Action brought on 27 May 2020 — enercity v Commission

(Case T-321/20)

(2020/C 247/53)

Language of the case: German

Parties

Applicant: enercity AG (Hannover, Germany) (represented by: C. Schalast, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the defendant's decision of 26 February 2019 (Case M.8871); |
| --- | --- |

—

annul the defendant's decision of 26 February 2019 (Case M.8871);

| — | join the proceedings within the meaning of Article 68(5) of the Rules of Procedure of the Court with actions concerning the same order M.8871, which, because of the substantive link, are cumulative and form a single decision terminating the proceedings; |
| --- | --- |

—

join the proceedings within the meaning of Article 68(5) of the Rules of Procedure of the Court with actions concerning the same order M.8871, which, because of the substantive link, are cumulative and form a single decision terminating the proceedings;

| — | order the defendant to pay the costs of the proceedings. |
| --- | --- |

—

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The action is based on two pleas in law which are essentially identical or similar to those put forward in Case T-320/20, Mainova v Commission.

---
<PAGE>   1
                                                                      Exhibit 23


                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Virco Mfg. Corporation of our report dated March 13, 1998, included in the
1997 Annual Report to Stockholders of Virco Mfg. Corporation.

Our audits also included the financial statement schedule of Virco Mfg.
Corporation listed in Item 14(a). This schedule is the responsibility of the
company's management. Our responsibility is to express an opinion based on our
audits. In our opinion, the financial statement schedule referred to above, when
considered in relation to the basic financial statements taken as a whole,
presents fairly in all material respects the information set forth therein.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-65096) pertaining to the Virco Mfg. Corporation 1993 Stock
Incentive Plan of our report dated March 13, 1998, with respect to the
consolidated financial statements incorporated herein by reference, and our
report included in the preceding paragraph with respect to the financial
statement schedule included in this Annual Report (Form 10-K) of Virco Mfg.
Corporation.




Los Angeles, California
April 29, 1998
**Exhibit 31(c)1**

 

 

**GEORGIA POWER COMPANY**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

 

I, Michael D. Garrett, certify that:

| 1. | I have reviewed this quarterly report on Form 10-Q/A of Georgia Power Company; and |
|----|------------------------------------------------------------------------------------|

| 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date:  January 26, 2009

/s/Michael D. Garrett

Michael D. Garrett

President and Chief Executive Officer
Exhibit 32.1

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 Magnetek, Inc. (the "Company") on Form 10-K for the period ending
June 29, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, David P. Reiland, President and Chief Executive Officer of the Company,
and Marty J. Schwenner, Vice President and Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350 and Rule 13a-14(b) or
Rule 15d-14(b) of the Securities Exchange Act of 1934, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



/s/DAVID P. REILANDDavid P. Reiland President and Chief Executive Officer/s/MARTY J. SCHWENNERMarty J. Schwenner Vice-President and Chief Financial Officer


Dated:
August 29, 2008

---



QuickLinks
[No. 649-1.

Division Three.

September 20, 1971.]

#### The State of Washington, *Respondent,*v. Calvin Hall, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 53594, Ward Roney, J., entered June 22, 1970. *Affirmed*by unpublished opinion pursuant to RCW 2.06.040.
# C_2023164EN.01001101.xml

| 8.5.2023 | EN | Official Journal of the European Union | C 164/11 |
| --- | --- | --- | --- |

8.5.2023

EN

Official Journal of the European Union

C 164/11

---

Judgment of the Court (Seventh Chamber) of 16 March 2023 — GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG v European Commission

(Case C-696/21 P) (1)

(Appeal - Arbitration clause - Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) - ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) - Eligible costs - Set-off of claims - Claim for reimbursement - Admissibility of the application - Article 76(d) of the Rules of Procedure of the General Court of the European Union - Requirement of clarity and precision)

(2023/C 164/14)

Language of the case: English

Parties

Appellant: GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG (represented by: C. Mayer, Rechtsanwalt)

Other party to the proceedings: European Commission (represented by: L. André, M. Ilkova and L. Mantl, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG to bear its own costs and to pay those incurred by the European Commission. |
| --- | --- |

2.

Orders GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG to bear its own costs and to pay those incurred by the European Commission.

---

(1)  OJ C 73, 14.2.2022.

---
#### William Lewis PARKER, Appellant, v. STATE of Florida, Appellee.

No. Q-500.

District Court of Appeal of Florida, First District.

Aug. 24, 1972.

Rehearing Denied Sept. 13, 1972.

PER CURIAM.

Affirmed.
EXHIBIT 99.1

WRITTEN STATEMENT

 PURSUANT TO

18 U.S.C. SECTION 1350

 

 

The undersigned, Marc T. Giles, the Chief Executive Officer of Gerber Scientific, Inc. (the "Company"), pursuant to 18 U.S.C. Section 1350, hereby certifies that:

(i)	the Annual Report on Form 10-Q for the quarter ended July 31, 2002 of the Company (the "Report") fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

 

Dated:  September 13, 2002

 

 

/s/ Marc T. Giles                                     

Marc T. Giles
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 457 Engrossed in House (EH)]

H. Res. 457

                In the House of Representatives, U. S.,

                                                         June 21, 1994.
Whereas on June 21, 1964, James Chaney, Andrew Goodman, and Michael Schwerner 
        gave their lives at a young age in an effort to guarantee the rights 
        that are the birthright of every citizen of the United States, 
        particularly the right to vote;
Whereas James Chaney, Andrew Goodman, and Michael Schwerner were part of a 
        movement that helped to achieve the passage of the Civil Rights Act of 
        1964, the Voting Rights Act of 1965 and other milestones in the progress 
        of this Nation toward achieving the goal of ensuring equal rights, equal 
        opportunities and equal justice for all;
Whereas during the 30 years after the deaths of James Chaney, Andrew Goodman, 
        and Michael Schwerner, this Nation has benefitted tremendously from the 
        removal of many barriers to full participation by every citizen of this 
        Nation in political, educational and economic life;
Whereas the lives and resultant deaths of James Chaney, Andrew Goodman, and 
        Michael Schwerner have come to symbolize the dream of brotherhood and 
        sisterhood among citizens of this Nation from all races, religions and 
        ethnic backgrounds and serve to inspire all citizens--in particular 
        young citizens--to be dedicated to the ideals of justice, equality, 
        citizenship and community;
Whereas the lifework of these men and thousands of other young students who 
        traveled to Mississippi remains unfinished until all barriers are 
        removed that bar the full participation of every citizen of this Nation 
        in the democratic process of this Nation, especially the electoral 
        process; and
Whereas the Nation continues to need the leadership and involvement of all its 
        citizens, in particular the young, in solving problems in their 
        communities and improving the lives of those in need: Now, therefore, be 
        it
    Resolved, That it is the sense of the House of Representatives that--
            (1) June 21, 1994, is designated as Freedom Summer Remembrance Day;
            (2) the House of Representatives expresses the importance of 
        citizens--regardless of party, ideology, age, race, creed, and socio-
        economic status--working to improve this Nation and address issues most 
        critical to their communities;
            (3) the Voting Rights Act of 1965 has helped to fulfill the promise 
        of democracy in this Nation; and
            (4) the House of Representatives reaffirms the goal of removing 
        remaining barriers to full voter participation in this Nation.
            Attest:

                                                                          Clerk.
```
<PAGE>
 
                                                                    Exhibit 11.2
                                                                                
                                  PSINet Inc.
                                        
Calculation of Basic and Diluted Loss per Share and Weighted Average Shares Used
                               in Calculation (1)

<TABLE>
<CAPTION>
                                                                                               Year Ended
                                                                                             December 31, 1997
                                                                                             -----------------
Weighted average shares outstanding:
Common stock:
<S>                                                                                <C>
   Shares outstanding at beginning of year.......................................                  40,113,234
   Weighted average shares issued during the year ended December 31, 1997                             192,566
    (364,552 shares).............................................................                ------------
                                                                                                   40,305,800
                                                                                                 ============
Net loss available to common shareholders........................................                $(46,013,000)
                                                                                                 ============
Basic and diluted loss per share.................................................                $      (1.14)
                                                                                                 ============
</TABLE>
_____________ 
(1)  For a description of basic and diluted loss per share, see Note 1 of the
     Notes to the Consolidated Financial Statements included in Part II, Item 8
     of this Form 10-K.
Certification of the Chief Financial Officer
                       Pursuant to 18 U.S.C. Section 1350


     Solely for the purposes of complying with 18 U.S.C. section 1350, I, the
undersigned Acting Chief Financial Officer of Earth Search Sciences, Inc. (the
"Company"), hereby certify, based on my knowledge, that the Annual Report on
Form 10-K/A of the Company for the year ended March 31, 2005 (the "Report")
fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.




Date:  August 10, 2005                  /s/ Tami J Story
                                        -----------------------------------
                                        Tami J Story
                                        Acting Chief Financial Officer
# C_2023054EN.01000801.xml

| 13.2.2023 | EN | Official Journal of the European Union | C 54/8 |
| --- | --- | --- | --- |

13.2.2023

EN

Official Journal of the European Union

C 54/8

---

Judgment of the Court (First Chamber) of 15 December 2022 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Regionų apygardos administracinio teismo Kauno rūmai

(Case C-88/21) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Second generation Schengen Information System (SIS II) - Decision 2007/533/JHA - Alert on an object sought - Article 38 - Objectives of the alert - Seizure or use as evidence in criminal proceedings - Article 39 - Execution of the action based on an alert - Measures taken in accordance with the national law of the Member States - National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II)

(2023/C 54/08)

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Applicant: Regionų apygardos administracinio teismo Kauno rūmai

Intervener: Lietuvos Respublikos vidaus reikalų ministerija

Operative part of the judgment

Article 39 of Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II), read in conjunction with Article 38(1) of that decision,

must be interpreted as meaning that:

| — | it does not lay down any general obligation to prohibit the registration of a motor vehicle which is the subject of an ongoing alert in the second generation Schengen Information System (SIS II); |
| --- | --- |

—

it does not lay down any general obligation to prohibit the registration of a motor vehicle which is the subject of an ongoing alert in the second generation Schengen Information System (SIS II);

| — | it does not require the executing Member State to provide for general rules prohibiting actions relating to the object which has been located, other than those which enable the objectives of Article 38(1) of that decision to be achieved; |
| --- | --- |

—

it does not require the executing Member State to provide for general rules prohibiting actions relating to the object which has been located, other than those which enable the objectives of Article 38(1) of that decision to be achieved;

| — | it does not preclude that Member State from providing for derogations from a general prohibition on registering such a vehicle. |
| --- | --- |

—

it does not preclude that Member State from providing for derogations from a general prohibition on registering such a vehicle.

---

(1)  OJ C 163, 3.5.2021.

---
#### Patricia S. SPOHRER and Central Bank and Trust Company, as Co-Administrators of the Estate of C. N. Shelton, Deceased, Appellants, v. Constance Shelton ELLIOTT, Individually and as Trustee, et al., Appellees.

No. 72-1401.

District Court of Appeal of Florida, Third District.

Aug. 21, 1973.

Rehearing Denied Nov. 8, 1973.

Pallot, Popped, Goodman & Shapo, Miami, for appellants.

Robert E. Rutledge, Jr., So. Miami, for appellees.

Before PEARSON, CHARLES CARROLL, and HAVERFIELD, JJ.

PER CURIAM.

Plaintiff-appellants seek review of a judgment in their favor for $6,124.69.

On May 22, 1968, plaintiff-appellants, Patricia S. Spohrer and Central Bank and Trust Company as co-administrators of the estate of C. N. Shelton, deceased, filed a complaint to quiet title to certain real property in Dade County, Florida. De*421fendant-appellee Constance Shelton Elliott, individually and as trustee for her children, counterclaimed to quiet title. The court tried the title issue and ruled in favor of the defendant. Plaintiffs in their amended complaint had sought also reimbursement of expenses paid for the preservation of the subject property. The decedent, C. N. Shelton, allegedly had instructed TAN Airlines (a corporation which he substantially controlled) to pay the mortgage obligations as they became due, insurance payments, taxes, repairs, etc. on the subject property. After Mr. Shelton’s death on March IS, 1965, upon the instructions of Douglas Batchelor,1 the deceased’s executor, TAN Airlines continued to make the above payments. Finally, pursuant to court order dated June 2, 1969, the appellants began making these payments. Judgment was entered in favor of plaintiff-appellants for $6,124.69 which represented only those amounts which had been expended by the plaintiff bank from 1969 through the date of the judgment quieting title in defendant’s favor. Appellants sought $33,680.26, the total payments expended with respect to the subject property. Thus, this appeal followed.

Plaintiff-appellants contend it was error for the court below not to have awarded a judgment in their favor for all sums spent by the appellants and their predecessors for the benefit of the subject property by means of paying mortgages, taxes, insurance and repairs.

After having considered carefully the record, briefs, and arguments of counsel, we conclude that the trial judge was correct in awarding appellants $6,124.69 which represented those amounts expended by the appellants for the benefit of the subject property pursuant to the court order of June 2, 1969. Thus, no judicial error having been made to appear, the judgment appealed is hereby affirmed.

Affirmed.

1

. A director of TAN Airlines at the time.
----

|   | (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 results of operations of the Company. |
|--------|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated this 1st of July, 2011.         |   |   |
|---------------------------------------|--------|--------|
|                                  |   |   |
| /s/ Craig Noell             |   |   |   |
| Craig Noell                           |   |   |
| President and Chief Executive Officer |   |   |

----
Exhibit99.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of The Goldfield Corporation (the"Company") on Form 10-Q for the period ending September 30, 2002 asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, John H. Sottile, Chairman of the Board of Directors,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Actof 2002, that:

        (1)   The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

        (2)   The information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

/s/ John H. SottileJohn H. Sottile Chairman of the Board of Directors,    President and Chief Executive OfficerNovember 13, 2002