alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023164EN.01000902.xml

| 8.5.2023 | EN | Official Journal of the European Union | C 164/9 |
| --- | --- | --- | --- |

8.5.2023

EN

Official Journal of the European Union

C 164/9

---

Judgment of the Court (Fourth Chamber) of 16 March 2023 (request for a preliminary ruling from the Pfälzisches Oberlandesgericht Zweibrücken — Germany) — MS v Saatgut-Treuhandverwaltungs GmbH

(Case C-522/21, (1) Saatgut-Treuhandverwaltung (KWS Meridian))

(Reference for a preliminary ruling - Intellectual property - Protection of plant varieties - Regulation (EC) No 2100/94 - Derogation provided for in Article 14(3) - Article 94(2) - Infringement - Right to compensation - Regulation (EC) No 1768/95 - Article 18(2) - Compensation for damage - Minimum lump sum calculated on the basis of quadruple the licence fee - Competence of the European Commission - Invalidity)

(2023/C 164/12)

Language of the case: German

Referring court

Pfälzisches Oberlandesgericht Zweibrücken

Parties to the main proceedings

Applicant: MS

Defendant: Saatgut-Treuhandverwaltungs GmbH

Operative part of the judgment

Article 18(2) of Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community plant variety rights, as amended by Commission Regulation (EC) No 2605/98 of 3 December 1998, is invalid.

---

(1)  OJ C 513, 20.12.2021.

---
<TABLE> <S> <C>




<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BROOKTROUT
TECHNOLOGY, INC.'S CONDENSED CONSOLIDATED BALANCE SHEET AND STATEMENTS OF INCOME
FOR THE PERIOD ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH BROOKTROUT TECHNOLOGY, INC.'S 10-K FOR THE PERIOD ENDED
DECEMBER 31, 1997.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          27,916
<SECURITIES>                                     8,462
<RECEIVABLES>                                    9,804
<ALLOWANCES>                                     1,164
<INVENTORY>                                      7,801
<CURRENT-ASSETS>                                56,457
<PP&E>                                           9,878
<DEPRECIATION>                                   3,253
<TOTAL-ASSETS>                                  65,415
<CURRENT-LIABILITIES>                           14,716
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           107
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    65,415
<SALES>                                         72,192
<TOTAL-REVENUES>                                72,192
<CGS>                                           32,381
<TOTAL-COSTS>                                   32,381
<OTHER-EXPENSES>                                37,343
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  11
<INCOME-PRETAX>                                  4,145
<INCOME-TAX>                                     1,494
<INCOME-CONTINUING>                              2,651
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,651
<EPS-PRIMARY>                                      .25
<EPS-DILUTED>                                      .23


</TABLE>
# C_2023223EN.01002102.xml

| 26.6.2023 | EN | Official Journal of the European Union | C 223/21 |
| --- | --- | --- | --- |

26.6.2023

EN

Official Journal of the European Union

C 223/21

---

Judgment of the General Court of 10 May 2023 — Bastion Holding and Others v Commission

(Case T-513/21) (1)

(State aid - Measures to support enterprises in the context of the COVID-19 outbreak in the Netherlands - Decision not to raise any objections - Temporary framework for State aid measures - Obligation to state reasons)

(2023/C 223/29)

Language of the case: English

Parties

Applicants: Bastion Holding BV (Amsterdam, Netherlands), and the 35 other applicants whose names are listed in the annex to the judgment (represented by: B. Braeken, T. Hieselaar and L. Elzas, lawyers)

Defendant: European Commission (represented by: V. Bottka and M. Farley, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of Commission decision C(2021) 4735 final of 22 June 2021 on State Aid SA.63257 (2021/N) — The Netherlands — Fourth amendment of the direct grant scheme to support the fixed costs for enterprises affected by the COVID-19 outbreak.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Bastion Holding BV and the other applicant parties whose names are listed in the annex to bear their own costs and to pay those incurred by the European Commission. |
| --- | --- |

2.

Orders Bastion Holding BV and the other applicant parties whose names are listed in the annex to bear their own costs and to pay those incurred by the European Commission.

---

(1)  OJ C 462, 15.11.2021.

---
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
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 Justice Drug Enforcement Administration [Docket No. DEA-392]
 ACTION: Notice of application.
 DATES: Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before September 14, 2018.
 ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152.


SUPPLEMENTARY INFORMATION: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Diversion Control Division (“Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on November 2, 2017, Siegfried USA, LLC, 33 Industrial Park Rd., Pennsville, NJ 08070 applied to be registered as a bulk manufacturer for the basic classes of controlled substances: Controlled
                             substance
Drug code
ScheduleGamma Hydroxybutyric Acid
2010
IDihydromorphine
9145
IHydromorphinol
9301
I( print page 32906)Methylphenidate
1724
IIAmobarbital
2125
IIPentobarbital
2270
IISecobarbital
2315
IICodeine
9050
IIOxycodone
9143
IIHydromorphone
9150
IIHydrocodone
9193
IIMethadone
9250
IIMethadone intermediate
9254
IIMorphine
9300
IIOripavine
9330
IIThebaine
9333
IIOpium tincture
9630
IIOxymorphone
9652
II
 The company plans to manufacture the listed controlled substances in bulk for sale to its customers. Dated: July 10, 2018. John J. Martin, Assistant Administrator.


[FR Doc. 2018-15138 Filed 7-13-18; 8:45 am] BILLING CODE 4410-09-P
Description of Securities

  Exhibit 4.1
  
 DESCRIPTION OF SECURITIES
  
 Description of Common Stock
  
 The authorized capital stock of the Company consists of 750,000,000 shares of common stock at a par value of $0.0001 per share, and 250,000,000 shares of preferred stock, par value $0.0001.
  
 Holders of the Company’s common stock are entitled to one vote for each share on all matters submitted to a stockholder vote. Holders of common stock do not have cumulative voting rights.  Therefore, subject to the rights of any outstanding preferred stock, holders of a majority of the shares of common stock voting for the election of directors can elect all of the directors. Holders of the Company’s common stock representing a majority of the voting power of the Company’s capital stock issued, outstanding and entitled to vote, represented in person or by proxy, are necessary to constitute a quorum at any meeting of stockholders. A vote by the holders of a majority of the Company’s outstanding shares is required to effectuate certain fundamental corporate changes such as merger or an amendment to the Company’s certificate of incorporation.
  
 Holders of the Company’s common stock are entitled to share in all dividends that the board of directors, in its discretion, declares from legally available funds. In the event of a liquidation, dissolution or winding up, each outstanding share entitles its holder to participate pro rata in all assets that remain after payment of liabilities and after providing for each class of stock, if any, having preference over the common stock. The Company’s common stock has no pre-emptive rights, no conversion rights and there are no redemption provisions applicable to the Company’s common stock.
IV

103D CONGRESS

1ST SESSION H. RES. 83

Expressing the sense of the House of Representatives that the cost-of-living

adjustment provisions under title II of the Social Security Act should

be preserved.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 16, 1993

Mr. SMITH of New Jersey (for himself, Mr. EMERSON, Ms. DANNER, Mr.

QUINN, Mr. FIELDS of Texas, Mr. KING, Mr. MACHTLEY, Mr. LIGHTFOOT, and Mr. RAHALL) submitted the following resolution; which was

referred to the Committee on Ways and Means

RESOLUTION

Expressing the sense of the House of Representatives that

the cost-of-living adjustment provisions under title II

of the Social Security Act should be preserved.

Whereas the social security cost-of-living adjustment (COLA)

was authorized by the Congress in 1972 so that recipients’ benefits could keep up with the ever-rising cost of

keeping modest means;

Whereas the annual COLA is based on the Consumer Price

Index as determined by the Department of Labor;

Whereas social security is off budget and thus should be free

from political considerations;
2

•HRES 83 IH

Whereas the social security trust funds currently total over

$300,000,000, guaranteeing that retirees will continue to

receive funds well into the next century;

Whereas a freeze on the COLA would affect all 48,000,000

social security beneficiaries, including children and disabled individuals;

Whereas 500,000 senior citizens would fall under the poverty

line in the event of such a freeze;

Whereas a COLA freeze is compounded year after year, never

to be recouped by the recipient;

Whereas that senior citizens cannot afford to be without

much-needed funds in this current economic climate;

Whereas elderly social security beneficiaries already have $1

of every $3 earned over $10,560 taken away due to the

social security earnings test; and

Whereas the notch problem also substantially reduces millions

of senior citizens’ retirement checks: Now, therefore, be

it

1 Resolved, That it is the sense of the House of Rep2 resentatives that the provisions of section 215(i) of the

3 Social Security Act providing for cost-of-living adjust4 ments under the old-age, survivors, and disability insur5 ance program under title II of such Act are essential to

6 the integrity of such program and must not be interrupted

7 or restricted.

Æ
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```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 71 Engrossed in House (EH)]

H. Res. 71

                In the House of Representatives, U. S.,

                                                      February 4, 1993.
    Resolved, That upon the adoption of this resolution the bill (H.R. 1) to 
grant family and temporary medical leave under certain circumstances be, and the 
same is hereby, taken from the Speaker's table to the end that the Senate 
amendment thereto be, and the same is hereby, agreed to.
            Attest:

                                                                          Clerk.
```
<PAGE>   1
                                                                    EXHIBIT 99.1


                  THIRD AMENDMENT TO THE HARBINGER CORPORATION
                             1996 STOCK OPTION PLAN

         THIS THIRD AMENDMENT TO THE HARBINGER CORPORATION 1996 STOCK OPTION
PLAN (the "Amendment") is made effective as of the 24th day of April, 1998 (the
"Effective Date"), by HARBINGER CORPORATION, a corporation organized and doing
business under the laws of the State of Georgia (the "Company"). All capitalized
terms in this Amendment have the meaning ascribed to such term as in the
Harbinger Corporation 1996 Stock Option Plan (the "Plan"), unless otherwise
stated herein.

                                  WITNESSETH:

         WHEREAS, First Amendment to the Plan was approved by the shareholders
of the Company at the 1997 Annual Meeting of Shareholders;

         WHEREAS, Second Amendment to the Plan was approved by the shareholders
of the Company at the Special Meeting of Shareholders held on December 18, 1997;
and

         WHEREAS, the Board of Directors of the Company desires to amend the
Plan to increase the number of shares that may be granted under the Plan;

         NOW THEREFORE, in consideration of the premises and mutual promises
contained herein, the Plan is hereby amended as follows:

         SECTION 1. Section 3.1 of the Plan is hereby amended by deleting the
first sentence of Section 3.1 of the Plan in its entirety and substituting in
lieu thereof the following:

                  "3.1 SHARES RESERVED FOR ISSUANCE. Subject to any antidilution
         adjustment pursuant to Section 3.2, the maximum number of Shares that
         may be subject to Options granted hereunder shall not exceed 5,825,000,
         plus the number of Prior Plan Shares."

                  SECTION 2. Except as specifically amended by this Third
Amendment, the Plan shall remain in full force and effect as prior to this Third
Amendment.



<PAGE>   2



         IN WITNESS WHEREOF, the Company has caused this THIRD AMENDMENT TO THE
HARBINGER CORPORATION 1996 STOCK OPTION PLAN to be executed on the Effective
Date.

                                          HARBINGER CORPORATION


                                          By: /s/ David T. Leach
                                              -------------------------------
                                              David T. Leach, CEO
ATTEST:


By: /s/ Joel G. Katz
    --------------------------------------
    Joel G. Katz, Secretary
# C_2023179EN.01003402.xml

| 22.5.2023 | EN | Official Journal of the European Union | C 179/34 |
| --- | --- | --- | --- |

22.5.2023

EN

Official Journal of the European Union

C 179/34

---

Judgment of the General Court of 29 March 2023 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)

(Case T-578/21) (1)

(Community design - Invalidity proceedings - Registered Community design representing fluid distribution equipment - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)

(2023/C 179/49)

Language of the case: English

Parties

Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: T. Wuttke and J. Lewandowski, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Mystic Products Import & Export, SL (Badalona, Spain)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Koopman International BV (Amsterdam, Netherlands) (represented by: G. van den Bergh, A. van Hoek and B. Brouwer, lawyers)

Re:

By its action under Article 263 TFEU, the applicant, Tinnus Enterprises LLC, seeks the annulment and alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 July 2021 (Case R 1009/2018-3) (‘the contested decision’).

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV. |
| --- | --- |

2.

Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV.

---

(1)  OJ C 462, 15.11.2021.

---
Exhibit 24 - Consent of Certified Public Accountants

Moe O'Shaughnessy & Associates, P.S.Certified Public Accountants

 

 

CONSENT OF CERTIFIED PUBLIC ACCOUNTANTS

 

 

Board of DirectorsElectronic Systems Technology, Inc.Kennewick, Washington

We hereby consent to the use of our opinion, dated February 12, 2004 onthe financial statements of Electronic Systems Technology, Inc., for the years endedDecember 31, 2003 and 2002 in the Form 10-KSB.

 

 

MOE O'SHAUGHNESSY & ASSOCIATES, P.S.

 

/s/ JENNY E. ANDERSON

 

Jenny E. Anderson,Certified Public Accountant

 

Spokane, WashingtonFebruary 23, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          109078
<SECURITIES>                                         0
<RECEIVABLES>                                     2249
<ALLOWANCES>                                         0
<INVENTORY>                                        105
<CURRENT-ASSETS>                                126139
<PP&E>                                            5688
<DEPRECIATION>                                    2606
<TOTAL-ASSETS>                                  149035
<CURRENT-LIABILITIES>                            45028
<BONDS>                                            329
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            99
<OTHER-SE>                                      103579
<TOTAL-LIABILITY-AND-EQUITY>                    149035
<SALES>                                          19364
<TOTAL-REVENUES>                                 19364
<CGS>                                            12933
<TOTAL-COSTS>                                    12933
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  15
<INCOME-PRETAX>                                   7888
<INCOME-TAX>                                      2917
<INCOME-CONTINUING>                               4971
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      4971
<EPS-PRIMARY>                                      .63
<EPS-DILUTED>                                      .61
        

</TABLE>
[No. 241-3.

Division Three.

July 8, 1971.]

#### The State of Washington, *Respondent,*v. Carlton Brown, *Appellant.*

Appeal from a judgment of the Superior Court for Yakima County, No. 15803, Lloyd L. Wiehl, J., entered June 17, 1970. *Affirmed*by unpublished opinion pursuant ha RCW 2.06.040.
EX-32.1 4 glt-ex321_7.htm EX-32.1
 
 Exhibit 32.1


CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 18 U.S.C. SECTION 1350





In connection with the Quarterly Report on Form 10-Q for the quarter ended March 31, 2022 of Glatfelter Corporation (the “Company”) as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dante C. Parrini, Chairman and Chief Executive Officer of the Company, certify to the best of my knowledge, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, 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 results of operations of the Company.





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





May 10, 2022





By/s/ Dante C. ParriniDante C. ParriniChairman and Chief Executive Officer