alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022148EN.01002601.xml

| 4.4.2022 | EN | Official Journal of the European Union | C 148/26 |
| --- | --- | --- | --- |

4.4.2022

EN

Official Journal of the European Union

C 148/26

---

Order of the General Court of 7 February 2022 — Faller and Others v Commission

(Case T-464/21) (1)

(Action for annulment - Medicinal products for human use - Variation of the conditional marketing authorisation for the Comirnaty medicinal product for human use - No legal interest in bringing proceedings - No direct concern - No individual concern - Inadmissibility)

(2022/C 148/35)

Language of the case: German

Parties

Applicants: Sonja Faller (Bressanone, Italy) and the 74 other applicants whose names are set out in the annex to the order (represented by: R. Holzeisen, lawyer)

Defendant: European Commission (represented by: B.-R. Killmann and A. Sipos, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Decision C(2021) 4034 (final) of 31 May 2021, amending the conditional marketing authorisation granted by Implementing Decision C(2020) 9598 (final) for Comirnaty — COVID-19 mRNA Vaccine (nucleoside modified), a medicinal product for human use.

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | There is no longer a need to adjudicate on the applications to intervene submitted by TR and the other persons whose names are set out in Annex II, by YI and the other persons whose names are set out in Annex II, by EW and the other persons whose names are set out in Annex II, and by Mr Arnošt Komárek and the other persons whose names are set out in Annex II. |
| --- | --- |

2.

There is no longer a need to adjudicate on the applications to intervene submitted by TR and the other persons whose names are set out in Annex II, by YI and the other persons whose names are set out in Annex II, by EW and the other persons whose names are set out in Annex II, and by Mr Arnošt Komárek and the other persons whose names are set out in Annex II.

| 3. | Ms Sonja Faller and the other applicants whose names are set out in Annex I are ordered to pay the costs. |
| --- | --- |

3.

Ms Sonja Faller and the other applicants whose names are set out in Annex I are ordered to pay the costs.

| 4. | TR and the other persons whose names are set out in Annex II, YI and the other persons whose names are set out in Annex II, EW and the other persons whose names are set out in Annex II, and Mr Komárek and the other persons whose names are set out in Annex II shall each bear their own costs relating to the applications to intervene. |
| --- | --- |

4.

TR and the other persons whose names are set out in Annex II, YI and the other persons whose names are set out in Annex II, EW and the other persons whose names are set out in Annex II, and Mr Komárek and the other persons whose names are set out in Annex II shall each bear their own costs relating to the applications to intervene.

---

(1)  OJ C 368, 13.9.2021.

---
#### Joanne McLaughlan et al., Appellants, v Waldbaums, Inc., Respondent, et al., Defendant. (And a Third-Party Ac*336tion.)

[654 NYS2d 406]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Dye, J.), dated March 29, 1996, as granted the motion by the defendant Waldbaum, Inc., sued herein as Waldbaums, Inc., for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is denied, and the plaintiff’s complaint is reinstated insofar as asserted against the defendant Waldbaum, Inc., sued herein as Waldbaums, Inc.

The plaintiffs brought the instant action against, *inter alia,*the defendant Waldbaum, Inc., sued herein as Waldbaums, Inc. (hereinafter Waldbaum), to recover damages for injuries the plaintiff Joanne McLaughlan allegedly sustained while shopping in a supermarket owned by Waldbaum. According to the plaintiffs, Ms. McLaughlan was allegedly injured when numerous bottles of soda fell from a store display and struck her after she had taken a bottle of soda from that display.

Waldbaum moved for summary judgment on the ground that it did not have notice of the allegedly defective condition which caused Ms. McLaughlan’s injuries, and the Supreme Court granted the motion on this basis. We reverse.

In order to establish a prima facie case of negligence in cases such as the instant one, "the plaintiff must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition” *(Bykofsky v Waldbaum’s Supermarkets,*210 AD2d 280, 281). In the instant case, a Waldbaum employee testified, *inter alia,*that the subject display would become "tipsy” or "wobbly” when customers took bottles from the bottom of the display, occasionally causing other bottles higher up on the display to fall. Such testimony raised a triable issue of fact as to whether Waldbaum had actual knowledge of a recurrent dangerous condition with respect to that display, and therefore, whether it could be charged with constructive notice of each specific reoccurrence of the condition *(Chin v Harp Mktg. Corp.,*232 AD2d 601; *see, Hirschman v City of New York,*193 AD2d 581; *Padula v Big V Supermarkets,*173 AD2d 1094). Further, Waldbaum’s knowledge that bottles were prone to fall from the subject display "is qualitatively different from a mere 'general awareness’ that a dangerous condition may be present *(cf., Piacquadio v Recine Realty Corp., 84*NY2d 967)” *(Chin v Harp Mktg. Corp., supra,*at 602). Bracken, J. P., O’Brien, Santucci, Friedmann and Goldstein, JJ., concur.
# C_2022463EN.01002802.xml

| 5.12.2022 | EN | Official Journal of the European Union | C 463/28 |
| --- | --- | --- | --- |

5.12.2022

EN

Official Journal of the European Union

C 463/28

---

Judgment of the General Court of 28 September 2022 — Agrofert v Parliament

(Case T-174/21) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the investigation against the former Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest - Refusal to grant access - Exception relating to the protection of the purpose of inspections, investigations and audits - Interest in bringing proceedings in part ceasing to exist - No need to adjudicate in part - Obligation to state reasons)

(2022/C 463/38)

Language of the case: Czech

Parties

Applicant: Agrofert a.s. (Prague, Czech Republic) (represented by: S. Sobolová, lawyer)

Defendant: European Parliament (represented by: N. Görlitz, J.-C. Puffer and O. Hrstková Šolcová, Agents)

Intervener in support of the defendant: European Commission (represented by: C. Ehrbar, M. Salyková and J. Hradil, Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of Decision A(2019) 8551 C (D 300153) of the European Parliament of 15 January 2021, by which it refused the applicant access to two documents relating to the investigation against the former Prime Minister of the Czech Republic on misuse of European funds and potential conflicts of interest.

Operative part of the judgment

The Court:

| 1. | Declares that there is no longer any need to adjudicate on the application for annulment of Decision A(2019) 8551 C (D 300153) of the European Parliament of 15 January 2021, in so far as it refused access to the Commission’s final audit report of 29 November 2019, bearing reference ARES 2019 7370050, relating to the audit on the functioning of the management and control systems in place in the Czech Republic for the purpose of preventing conflicts of interests; |
| --- | --- |

1.

Declares that there is no longer any need to adjudicate on the application for annulment of Decision A(2019) 8551 C (D 300153) of the European Parliament of 15 January 2021, in so far as it refused access to the Commission’s final audit report of 29 November 2019, bearing reference ARES 2019 7370050, relating to the audit on the functioning of the management and control systems in place in the Czech Republic for the purpose of preventing conflicts of interests;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders Agrofert, a.s. to bear its own costs and to pay those incurred by the Parliament; |
| --- | --- |

3.

Orders Agrofert, a.s. to bear its own costs and to pay those incurred by the Parliament;

| 4. | Orders the European Commission to bear its own costs. |
| --- | --- |

4.

Orders the European Commission to bear its own costs.

---

(1)  OJ C 206, 31.5.2021.

---
January 16, 2014

JUDGMENT

The Fourteenth Court of Appeals

CAFFE RIBS, INC., A UTAH CORPORATION, Appellant

NO. 14-12-00401-CV V.

THE STATE OF TEXAS, Appellee

________________________________

This cause, an appeal from the judgment in favor of appellee, The State of 

Texas, signed January 23, 2012, was heard on the transcript of the record. We have 

inspected the record and find no error in the judgment. We order the judgment of 

the court below AFFIRMED.

We order appellant, Caffe Ribs, Inc., a Utah Corporation, to pay all costs 

incurred in this appeal. 

We further order this decision certified below for observance.
# C_2023035EN.01005601.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/56 |
| --- | --- | --- | --- |

30.1.2023

EN

Official Journal of the European Union

C 35/56

---

Judgment of the General Court of 7 December 2022 — Borussia VfL 1900 Mönchengladbach v EUIPO — Neng (Fohlenelf)

(Case T-747/21) (1)

(EU trade mark - Revocation proceedings - EU word mark Fohlenelf - Genuine use of the mark - Article 58(1)(a), Article 94(1) and Article 97(1)(d) of Regulation (EU) 2017/1001)

(2023/C 35/67)

Language of the case: German

Parties

Applicant: Borussia VfL 1900 Mönchengladbach GmbH (Mönchengladbach, Germany) (represented by: R. Kitzberger, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Söder and E. Nicolás Gómez, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: David Neng (Brüggen, Germany) (represented by: D. Breuer, lawyer)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 September 2021 (Case R 2126/2020-4).

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 September 2021 (Case R 2126/2020-4) in so far as proof of genuine use of EU word mark Fohlenelf was rejected in relation to ‘soaps’ in Class 3, ‘self-adhesive films of paper or plastic, self-adhesive labels’ in Class 16, ‘porcelain and earthenware’ in Class 21, as well as in relation to ‘drinking bottles’, in so far as they constitute a subcategory of goods within ‘household or kitchen containers’ also in Class 21, ‘bath towels of textile’ in Class 24 and ‘games, toys’ in Class 28; |
| --- | --- |

1.

Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 28 September 2021 (Case R 2126/2020-4) in so far as proof of genuine use of EU word mark Fohlenelf was rejected in relation to ‘soaps’ in Class 3, ‘self-adhesive films of paper or plastic, self-adhesive labels’ in Class 16, ‘porcelain and earthenware’ in Class 21, as well as in relation to ‘drinking bottles’, in so far as they constitute a subcategory of goods within ‘household or kitchen containers’ also in Class 21, ‘bath towels of textile’ in Class 24 and ‘games, toys’ in Class 28;

| 2. | Dismisses the action as to the remainder; |
| --- | --- |

2.

Dismisses the action as to the remainder;

| 3. | Orders each party to bear its own costs. |
| --- | --- |

3.

Orders each party to bear its own costs.

---

(1)  OJ C 37, 24.1.2022.

---
Document Headings

                    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 Energy

###### Federal Energy Regulatory Commission

          - [Docket Nos. CP17-495-000; CP17-494-000]

The environmental staff of the Federal Energy Regulatory Commission (Commission) along with representatives of the U.S. Forest Service, Bureau of Land Management, and the U.S. Army Corps of Engineers will meet with representatives of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians to discuss the proposed Jordan Cove LNG and Pacific Connector Pipeline Projects. The meeting will be held at the location and time listed below:

North Bend Public Library—Big Meeting Room, 1800 Sherman Avenue, North Bend, OR 97459, Phone: (541) 756-0400, Tuesday, July 17, 2018, 1:00 p.m. PDT

Members of the public and intervenors in the referenced proceeding may attend and observe this meeting; however, participation will be limited to tribal representatives and agency personnel. If tribal representatives decide to disclose information about a specific location which could create a risk or harm to an archeological site or Native American cultural resource, the public will be excused for that portion of the meeting. A summary of the meeting will be entered into the Commission's administrative record.

                    If you plan to attend this meeting, please contact Mr. John Peconom, Environmental Project Manager at (202) 502-6352 or                     *John.Peconom@ferc.gov.*

Dated: July 10, 2018.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2018-15126 Filed 7-13-18; 8:45 am]

 BILLING CODE 6717-01-P
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 397 Engrossed in House (EH)]

H. Res. 397

                In the House of Representatives, U. S.,

                                                        March 24, 1994.
    Resolved, That it shall be in order at any time on the legislative day of 
Thursday, March 24, 1994, for the Speaker to entertain a motion that the House 
suspend the rules and pass the bill (S. 349) to provide for the disclosure of 
lobbying activities to influence the Federal Government, and for other purposes, 
as amended, insist on the House amendment thereto, and request a conference with 
the Senate thereon.
            Attest:

                                                                          Clerk.
```
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1237 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1237

To extend the existing suspension of duty on stuffed dolls, certain toy 
                    figures, and the skins thereof.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 15 (legislative day, June 30), 1993

 Mr. Chafee (for himself and Mr. Pell) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To extend the existing suspension of duty on stuffed dolls, certain toy 
                    figures, and the skins thereof.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXTENSION OF EXISTING SUSPENSION OF DUTY ON STUFFED DOLLS, 
              CERTAIN TOY FIGURES, AND THE SKINS THEREOF.

    Headings 9902.95.01, 9902.95.02, and 9902.95.04 of the Harmonized 
Tariff Schedule of the United States are each amended by striking ``12/
31/92'' and inserting ``12/31/97''.

SEC. 2. EFFECTIVE DATE.

    (a) In General.--The amendments made by this Act apply with respect 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
    (b) Reliquidation.--Notwithstanding section 514 of the Tariff Act 
of 1930 or any other provision of law, upon proper request filed with 
the appropriate customs officer on or before the 90th day after the 
date of the enactment of this Act, any entry of an article described in 
subheading 9902.95.01, 9902.95.02, or 9902.95.04 of the Harmonized 
Tariff Schedule of the United States that was made--
            (1) after December 31, 1992, and
            (2) before the date which is 15 days after the date of the 
        enactment of this Act,
shall be liquidated or reliquidated as though such entry occurred on or 
after the date that is 15 days after the date of the enactment of this 
Act.

                                 <all>
```
# C_2022418EN.01002401.xml

| 31.10.2022 | EN | Official Journal of the European Union | C 418/24 |
| --- | --- | --- | --- |

31.10.2022

EN

Official Journal of the European Union

C 418/24

---

Judgment of the General Court of 7 September 2022 — Völkl v EUIPO — Marker Dalbello Völkl (International) (Völkl)

(Case T-155/21) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark Völkl - Earlier EU word mark Völkl - Earlier EU word mark VÖLKL - Relative ground for invalidity - No likelihood of confusion - No similarity between the goods - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001))

(2022/C 418/30)

Language of the case: German

Parties

Applicant: Völkl GmbH & Co. KG (Erding, Germany) (represented by: C. Raßmann, M. Suether and F. Adinolfi, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Marker Dalbello Völkl (International) GmbH (Baar, Switzerland) (represented by: J. Bauer, lawyer)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 January 2021 (Case R 568/2020-4).

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Völkl GmbH & Co. KG to pay the costs. |
| --- | --- |

2.

Orders Völkl GmbH & Co. KG to pay the costs.

---

(1)  OJ C 182, 10.5.2021.

---
#### CITY OF MIAMI, Petitioner, v. Peter H. MITROVICH, Jr., Respondent.

No. 40849.

Supreme Court of Florida.

Nov. 24, 1971.

Rehearing Denied Jan. 18, 1972.

Alan H. Rothstein, City Atty., and S. R. Sterbenz, Asst. City Atty., for petitioner.

Michael Jeffries, of Neill, Griffin & Jeffries, Fort Pierce, for respondent.

PER CURIAM.

The petition for writ of certiorari reflected probable jurisdiction in this Court. We issued the writ and have heard argument of the parties. After argument and upon further consideration of the matter, we have determined that the writ was improvidently issued. Therefore, the writ is hereby discharged, and the petition for writ of certiorari is dismissed.

It is so ordered.

ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.
<PAGE>

                                                                      EXHIBIT 24

                           SMITHWAY MOTOR XPRESS CORP.

                               Powers of Attorney

     The undersigned directors of Smithway Motor Xpress Corp., a Nevada
corporation, do hereby make, constitute and appoint G. Larry Owens and Douglas
C. Sandvig, and either of them, the undersigned's true and lawful
attorneys-in-fact, with power of substitution, for the undersigned and in the
undersigned's name, place and stead, to sign and file with the Securities and
Exchange Commission under the Securities Act of 1934, as amended, the Company's
Annual Report on Form 10-K for the year ended December 31, 2006, any and all
amendments and exhibits to such Annual Report on Form 10-K and any and all
applications, instruments, and other documents to be filed with the Securities
and Exchange Commission pertaining to such Annual Report on Form 10-K or any
amendments thereto, granting unto said attorneys-in-fact, and either of them,
full power and authority to do and perform any and all acts necessary or
incidental to the performance and execution of the powers herein expressly
granted.

     IN WITNESS WHEREOF, each of the undersigned have hereunto set their hands
as of April 2, 2007.


/s/ Terry G. Christenberry
-------------------------------------
Terry G. Christenberry


/s/ Labh S. Hira
-------------------------------------
Labh S. Hira


/s/ Herbert D. Ihle
-------------------------------------
Herbert D. Ihle


/s/ Marlys L. Smith
-------------------------------------
Marlys L. Smith
# C_2022213EN.01004001.xml

| 30.5.2022 | EN | Official Journal of the European Union | C 213/40 |
| --- | --- | --- | --- |

30.5.2022

EN

Official Journal of the European Union

C 213/40

---

Order of the President of the General Court of 23 February 2022 — Atesos medical and Others v Commission

(Case T-764/21 R)

(Interim relief - Medical devices - Directive 93/42/EEC - Regulation (EU) 2017/745 - Application for suspension of operation of a measure - No urgency)

(2022/C 213/55)

Language of the case: English

Parties

Applicants: Atesos medical AG (Aarau, Switzerland) and the seven other applicants whose names are listed in the annex to the order (represented by: M. Meulenbelt, B. Natens and I. Willemyns, lawyers)

Defendant: European Commission (represented by: E. Sanfrutos Cano, C. Hödlmayr and C. Vollrath, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU for suspension of operation of the unpublished Commission decision, the date of which is unknown, which provides for the expiry of the designation of Schweizerische Vereinigung für Qualitäts- und Management Systeme as a conformity assessment body for medical devices under Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1), and its removal from the database of notified and designated bodies with effect from 28 September 2021.

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The costs are reserved. |
| --- | --- |

2.

The costs are reserved.

---