alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023112EN.01000201.xml

| 27.3.2023 | EN | Official Journal of the European Union | C 112/2 |
| --- | --- | --- | --- |

27.3.2023

EN

Official Journal of the European Union

C 112/2

---

Judgment of the Court (Tenth Chamber) of 9 February 2023 — European Commission v Slovak Republic

(Case C-342/21) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/50/EC - Ambient air quality - Article 13(1) and Annex XI - Systematic and persistent exceeding of the limit values applicable to microparticles (PM10) in certain zones of Slovakia - Article 23(1) - Annex XV - Period during which those limit values are exceeded ‘as short as possible’ - Appropriate measures)

(2023/C 112/02)

Language of the case: Slovak

Parties

Applicant: European Commission (represented by: R. Lindenthal and M. Noll-Ehlers, acting as Agents)

Defendant: Slovak Republic (represented by: S. Ondrášiková, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Declares that, by systematically and persistently exceeding the daily limit value applicable to microparticles (PM10) since 2005 in zone SKBB01 Banská Bystrica Region and, with the exception of years 2009, 2015 and 2016, in the agglomeration SKKO01.1 Košice, the Slovak Republic has failed to fulfil its obligations under Article 13(1) of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, read in conjunction with Annex XI thereto; |
| --- | --- |

1.

Declares that, by systematically and persistently exceeding the daily limit value applicable to microparticles (PM10) since 2005 in zone SKBB01 Banská Bystrica Region and, with the exception of years 2009, 2015 and 2016, in the agglomeration SKKO01.1 Košice, the Slovak Republic has failed to fulfil its obligations under Article 13(1) of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, read in conjunction with Annex XI thereto;

| 2. | Declares that, by failing to lay down appropriate measures in its air quality plans so that the period during which that limit value is exceeded can be kept as short as possible, in that zone and that agglomeration, and in zone SKKO02, Košice Region, the Slovak Republic has failed to fulfil its obligations under Article 23(1), second subparagraph, of that directive, read in conjunction with Annex XV thereto; |
| --- | --- |

2.

Declares that, by failing to lay down appropriate measures in its air quality plans so that the period during which that limit value is exceeded can be kept as short as possible, in that zone and that agglomeration, and in zone SKKO02, Košice Region, the Slovak Republic has failed to fulfil its obligations under Article 23(1), second subparagraph, of that directive, read in conjunction with Annex XV thereto;

| 3. | Orders the Slovak Republic to pay the costs. |
| --- | --- |

3.

Orders the Slovak Republic to pay the costs.

---

(1)  OJ C 278, 12.7.2021.

---
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 568 Engrossed in House (EH)]

H. Res. 568

                In the House of Representatives, U. S.,

                          October 7 (legislative day, October 6), 1994.
    Resolved, That immediately upon adoption of this resolution the House shall 
consider the conference report to accompany the bill (S. 21) to designate 
certain lands in the California Desert as wilderness, to establish Death Valley, 
Joshua Tree, and Mojave National Parks, and for other purposes. All points of 
order against the conference report and against its consideration are waived. 
The conference report shall be considered as read. The previous question shall 
be considered as ordered on the conference report to final adoption without 
intervening motion except one motion to recommit.
            Attest:

                                                                          Clerk.
```
1 The Honorable Dean Whipple, United States District Judge for the Western

District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-1843

___________ Joseph Scott Blackburn, * * Appellant, * * v. * * Appeal from the United States Steve Whitney, Sheriff; Joe Nelson, * District Court for the Commissioner; Bill Barnett, * Western District of Missouri. Commissioner; Tom Chudomelka, * Commissioner; James Eiffert, Judge; * [UNPUBLISHED] Mark Orr, Prosecuting Attorney, * * Appellees. *

___________ Submitted: February 7, 2000 Filed: February 15, 2000

___________ Before RICHARD S. ARNOLD, BOWMAN, and BEAM.

___________ PER CURIAM. Joseph Scott Blackburn appeals from the district court’s 1 dismissal of his 42 U.S.C. § 1983 action without prejudice for failure to comply with the court’s order to address Sheriff Steve Whitney’s dismissal motion. Having reviewed the record and the-2-

parties’ briefs, we conclude that the district court did not abuse its discretion. See Rodgers v. Curators of Univ. of Missouri , 135 F.3d 1216, 1219 (8th Cir. 1998) (standardof review); Edgingtonv. Missouri Dept. of Corrections , 52 F.3d 777, 779-80 (8thCir. 1995) (fact that dismissal for failure to comply with orders was without prejudice militates against finding abuse of discretion).
We deny Blackburn’s pending motions, as the arguments he raises in them were not presented to the district court. See Schafer v. Moore , 46 F.3d 43, 45 (8th Cir. 1995). Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
----

Exhibit 32 

CERTIFICATION 

Each of the undersigned hereby certifies, in accordance with 18 U.S.C. 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in hiscapacity as an officer of Vitran Corporation Inc., that, to his knowledge, theQuarterly Report of Vitran Corporation Inc. on Form 10-Q for the three monthsended March 31, 2006, fully complies with the requirements of Section 13(a) ofthe Securities Exchange Act of 1934 and that the information contained in suchreport fairly presents, in all material respects, the financial condition andresults of operation of Vitran Corporation Inc. 

| Date:  | April 19, 2006         | By:    | /s/ RICHARD E.    GAETZ          |
|--------|----------------------------------------------------------------|--------|-------------------------------------------------------------------------------|
|   |                                                           |   | Richard E. Gaetz                                                              |
|   |                                                           |   | President and                                                                 |
|   |                                                           |   | Chief Executive    Officer                                                    |
|   |                                                           |   |                                                                          |
|   |                                                           |   |                                                                          |
|   |                                                           |   |                                                                          |
|   |                                                           | By:    | /s/ SEAN P.    WASHCHUK          |
|   |                                                           |   | Sean P. Washchuk                                                              |
|   |                                                           |   | Vice President Finance    and                                                 |
|   |                                                           |   | Chief Financial    Officer                                                    |

----
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS 

No. 17-1249V 

Filed: July 27, 2018 

UNPUBLISHED 

CORRENE JOHNSON,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Causation-In-Fact; Influenza (Flu) 

Vaccine; Shoulder Injury Related to 

Vaccine Administration (SIRVA)

Ann Mayhew Golski, Maglio Christopher & Toale, PA, Washington, DC, for petitioner. 

Sherry Denise Soanes, U.S. Department of Justice, Washington, DC, for respondent. 

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master: 

 On September 13, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

 (the 

“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine 

administration (“SIRVA”) causally related to the influenza vaccination she received on 

December 1, 2016. Petition at ¶¶ 1, 7. Petitioner further alleges that she received the 

vaccination in the United States, suffered the residual effects of her injury for more than 

six month, and that neither she nor any other party has filed a civil action or received an 

award for her injury, alleged as vaccine caused. Id. at ¶¶ 2, 8, 11-12. The case was 

assigned to the Special Processing Unit of the Office of Special Masters. 

 

1

 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access. 

2

 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
On July 27, 2018, respondent filed his Rule 4(c) report in which he concedes that 

petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 7. 

Specifically, respondent “has determined that Petitioner’s left shoulder injury is 

consistent with SIRVA, and that it was caused-in-fact by the flu vaccine she received on 

December 1, 2016.” Id. Respondent further agrees that “Petitioner has met the 

statutory requirements entitlement to compensation.” Id. 

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation. 

IT IS SO ORDERED. 

 s/Nora Beth Dorsey 

 Nora Beth Dorsey 

 Chief Special Master
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

In connection with the Quarterly Report of LOUD Technologies Inc. (the“Company”) on Form 10-Q for the period ended June 30, 2004 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), we,James T. Engen and Timothy P. O’Neil, Chief Executive Officer and ChiefFinancial Officer, respectively, of the Company, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

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

 

(2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| Dated: August 12, 2004 | By:    | /s/ James T. Engen                                                                                                  |
|----------------------------------|--------|---------------------------------------------------------------------------------------------------------------------|
|                             |   | James T. Engen                                                                                                      |
|                             |   | *President and Chief Executive Officer*                                                                             |
|                             |   |                                                                                                                |
|                             |   |                                                                                                                |
|                             |   | /s/ Timothy P. O’Neil                                                                                          |
|                             |   | Timothy P. O’Neil                                                                                              |
|                             |   | *Chief Financial Officer, Vice  President, Secretary and  Treasurer (Principal Financial  and  Accounting Officer)* |

 

 

A signed original of this written statement required bySection 906 has been provided to LOUD Technologies Inc. and will beretained by the Company and furnished to the Securities and Exchange Commissionor its staff upon request.

 

1

----
# C_2023329EN.01002001.xml

| 18.9.2023 | EN | Official Journal of the European Union | C 329/20 |
| --- | --- | --- | --- |

18.9.2023

EN

Official Journal of the European Union

C 329/20

---

Judgment of the General Court of 12 July 2023 — IFIC Holding v Commission

(Case T-8/21) (1)

(Commercial policy - Protection against the effects of the extraterritorial application of legislation adopted by a third country - Restrictive measures taken by the United States against Iran - Secondary sanctions preventing natural or legal persons of the European Union from having commercial relationships with the undertakings subject to those measures - Prohibition on complying with such legislation - Second paragraph of Article 5 of Regulation (EC) No 2271/96 - Commission decision authorising a legal person of the European Union to comply with that legislation - Obligation to state reasons - Retroactive effect of the authorisation - Taking into account of the interests of the undertaking subject to the restrictive measures taken by the third country - Right to be heard)

(2023/C 329/28)

Language of the case: German

Parties

Applicant: IFIC Holding AG (Düsseldorf, Germany) (represented by: C. Franz and N. Bornemann, lawyers)

Defendant: European Commission (represented by: M. Kellerbauer, acting as Agent)

Intervener in support of the defendant: Clearstream Banking AG (Eschborn, Germany) (represented by: C. Schmitt and T. Bastian, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Implementing Decision C(2020) 2813 final of 28 April 2020 granting an authorisation to the intervener pursuant to the second paragraph of Article 5 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (OJ 1996 L 309, p. 1), of Commission Implementing Decision C(2021) 3021 final of 27 April 2021 granting an authorisation to the intervener pursuant to the second paragraph of Article 5 of Regulation No 2271/96 and of Commission Implementing Decision C(2022) 2775 final of 26 April 2022, granting an authorisation to the intervener pursuant to the second paragraph of Article 5 of Regulation No 2271/96.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders IFIC Holding AG to bear its own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders IFIC Holding AG to bear its own costs and to pay those incurred by the European Commission;

| 3. | Orders Clearstream Banking AG to bear its own costs. |
| --- | --- |

3.

Orders Clearstream Banking AG to bear its own costs.

---

(1)  
  OJ C 62, 22.2.2021.

---
* Under 5 TH C IR

. R. 47.5, the court has determined tha t this

opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED

August 25, 2005

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-70048

RICHARD HINOJOSA,

Petitioner-Appellant,

versus

DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Texas, San Antonio Division (SA-01-CA-136-RF)

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

ORDER DENYING APPELLEE’S PETITION FOR A CERTIFICATE OF
APPEALABILITY

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

Per Curiam: *

Appel lant Richard Hinojosa petitions the court for a

certificate of appealability to appeal the district court’s denial

of his application for habeas corpus relief under 28 U.S.C. § 2254.

After reviewing the briefs, the decision below, and the record, we

find that Hinojosa is not entitle d to a COA as to any issue. As2

this is a death penalty case, it deserves the most exacting

scrutiny from this court, which typically involves a written

opinion. The district court in this case, however, wrote a

thoroughly d etailed and well-reasoned 88-page opinion and order

denying Hinojosa’s petition for habeas relief and a COA. Were we

to write a lengthy opinion affirming that court, we would be

exalting formal ism and scrupulosity over substance and judicial

economy, adding nothing but repetition and doing nothing more than

filling innumer able pages with synonyms and paraphrases. In this

exceptional case, therefore, we decline to do so and simply deny

Hinojosa’s COA for the reasons well and fully explicated in the

district court’s writing.

PETITION DENIED.
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 Quarterly Report of Golden Enterprises, Inc. (the
"Company") on Form 10-Q for the second quarter ended December 2, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Mark W. McCutcheon, Chief Executive 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, to the best of my knowledge:

     (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:   January 11, 2006



/s/ Mark W. McCutcheon
----------------------
Mark W. McCutcheon
President and Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to Golden Enterprises, Inc. and will be retained by Golden Enterprises,
Inc. and furnished to the Securities and Exchange Commission, or its staff, upon
request.


                                       24
<PAGE>   1

Exhibit 23.1(a)

CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-99070) pertaining to the Chicago Miniature Lamp, Inc. 1995 Incentive
and Non-Statutory Stock Option Plan of our report dated February 10, 2001,
except for Note 21 as to which the date is March 22, 2001, with respect to the
consolidated financial statements and schedule of SLI, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2000.



/s/ Ernst & Young LLP

Chicago, Illinois
March 28, 2001
<TABLE> <S> <C>

<ARTICLE>                9
<MULTIPLIER>             1000
       
<S> <C>
<PERIOD-TYPE>                          3-MOS
<FISCAL-YEAR-END>                      SEP-30-1996
<PERIOD-END>                           MAR-31-1997
<CASH>                                 1565
<INT-BEARING-DEPOSITS>                 6384
<FED-FUNDS-SOLD>                       0
<TRADING-ASSETS>                       0
<INVESTMENTS-HELD-FOR-SALE>            68127
<INVESTMENTS-CARRYING>                 7379
<INVESTMENTS-MARKET>                   7372
<LOANS>                                291800
<ALLOWANCE>                            2329
<TOTAL-ASSETS>                         394815
<DEPOSITS>                             274757
<SHORT-TERM>                           51037
<LIABILITIES-OTHER>                    5907
<LONG-TERM>                            7307
<COMMON>                               437
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<OTHER-SE>                             55370
<TOTAL-LIABILITIES-AND-EQUITY>         394815
<INTEREST-LOAN>                        6096
<INTEREST-INVEST>                      1297
<INTEREST-OTHER>                       29
<INTEREST-TOTAL>                       7422
<INTEREST-DEPOSIT>                     3129
<INTEREST-EXPENSE>                     3860
<INTEREST-INCOME-NET>                  3562
<LOAN-LOSSES>                          45
<SECURITIES-GAINS>                     31
<EXPENSE-OTHER>                        2229
<INCOME-PRETAX>                        1865
<INCOME-PRE-EXTRAORDINARY>             0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                           1135
<EPS-PRIMARY>                          0.26
<EPS-DILUTED>                          0.26
<YIELD-ACTUAL>                         8.01
<LOANS-NON>                            1500
<LOANS-PAST>                           0
<LOANS-TROUBLED>                       0
<LOANS-PROBLEM>                        0
<ALLOWANCE-OPEN>                       2252
<CHARGE-OFFS>                          220
<RECOVERIES>                           62
<ALLOWANCE-CLOSE>                      2329
<ALLOWANCE-DOMESTIC>                   356
<ALLOWANCE-FOREIGN>                    0
<ALLOWANCE-UNALLOCATED>                1973
        

</TABLE>
EXHIBIT NO. 32.2

 

WRITTEN STATEMENT

 PURSUANT TO

18 U.S.C. SECTION 1350

 

The undersigned, Shawn M. Harrington, the Chief Financial Officer of Gerber Scientific, Inc. (the "Company"), pursuant to 18 U.S.C. Section 1350, hereby certifies that:

(i)	the Quarterly Report on Form 10-Q of the Company for the three months ended January 31, 2004 filed on the date hereof with the Securities and Exchange Commission (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:  March 15, 2004

/s/ Shawn M. Harrington
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 13

- 00390

- CV

IN RE JOSHUA JAMES ECKENRODE RELATOR

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

ORIGINAL PROCEEDING

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



### MEMORANDUM OPINION 1

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

The court has considered relator’s petition for writ of mandamus and is of

the opinion that relief should be denied. Accordingly, relator’s petition for writ of

mandamus is denied as moot

.

PER CURIAM

PANEL: MCCOY, DAUPHINOT, and WALKER, JJ.

DELIVERED: November 21, 2013

1 See Tex. R. App. P. 47.4, 52.8 (d).