alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019054EN.01002801.xml

| 11.2.2019 | EN | Official Journal of the European Union | C 54/28 |
| --- | --- | --- | --- |

11.2.2019

EN

Official Journal of the European Union

C 54/28

---

Action brought on 7 December 2018 — Repsol v EUIPO — Basic (BASIC)

(Case T-722/18)

(2019/C 54/42)

Language of the case: English

Parties

Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix and J. Erdozain López, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Basic AG Lebensmittelhandel (Munich, Germany)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark BASIC in colours blue, red, orange and white — European Union trade mark No 5 648 159

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 22 August 2018 in Case R 178/2018-2

Form of order sought

The applicant claims that the Court should:

| — | admit the writ of summons with all the documents annexed; |
| --- | --- |

—

admit the writ of summons with all the documents annexed;

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

—

annul the contested decision;

| — | order Basic Aktiengesellschaft Lebensmittelhandel and EUIPO to bear the costs of these proceedings. |
| --- | --- |

—

order Basic Aktiengesellschaft Lebensmittelhandel and EUIPO to bear the costs of these proceedings.

Pleas in law

| — | Infringement of Article 72(6) of Council Regulation (EC) 207/2009; |
| --- | --- |

—

Infringement of Article 72(6) of Council Regulation (EC) 207/2009;

| — | Infringement of Article 8(4) of Council Regulation (EC) 207/2009. |
| --- | --- |

—

Infringement of Article 8(4) of Council Regulation (EC) 207/2009.

---
# C_2021338EN.01000401.xml

| 23.8.2021 | EN | Official Journal of the European Union | C 338/4 |
| --- | --- | --- | --- |

23.8.2021

EN

Official Journal of the European Union

C 338/4

---

Judgment of the Court (First Chamber) of 8 July 2021 (request for a preliminary ruling from the tribunal de première instance de Namur — Belgium) — C.J. v Région wallonne

(Case C-830/19) (1)

(Reference for a preliminary ruling - Agriculture - European Agricultural Fund for Rural Development (EAFRD) - Regulation (EU) No 1305/2013 - Delegated Regulation (EU) No 807/2014 - Young farmers setting up - Farm development - Business start-up aid for young farmers - Conditions of access - Equivalence - Not setting up as sole head of the holding - Upper thresholds - Fixing - Criteria - Standard output of the agricultural holding)

(2021/C 338/04)

Language of the case: French

Referring court

Tribunal de première instance de Namur

Parties to the main proceedings

Applicant: C.J.

Defendant: Région wallonne

Operative part of the judgment

Articles 2, 5 and 19 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005, read in conjunction with Articles 2 and 5 of Commission Delegated Regulation (EU) No 807/2014 of 11 March 2014 supplementing Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and introducing transitional provisions, must be interpreted as not precluding national legislation under which the criterion for determining the upper threshold for enabling a young farmer, who is not setting up as sole head of the holding, to access business start-up aid is the standard gross output of the entire agricultural holding, and not simply that young farmer’s share in that holding.

---

(1)  OJ C 27, 27.1.2020.

---
# C_2018161EN.01006502.xml

| 7.5.2018 | EN | Official Journal of the European Union | C 161/65 |
| --- | --- | --- | --- |

7.5.2018

EN

Official Journal of the European Union

C 161/65

---

Action brought on 8 March 2018 — Akili Mundos v Council

(Case T-172/18)

(2018/C 161/80)

Language of the case: French

Parties

Parties

Applicant: Muhindo Akili Mundos (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, M. Forgeois and A. Guillerme, lawyers)

Applicant:

Defendant: Council of the European Union

Defendant:

Form of order sought

Form of order sought

| — | Annul Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo, in so far as the applicant remains at No 13 in Annex II to Decision 2010/788/CFSP and No 13 in Annex Ia to Regulation (EC) No 1183/2005; |
| --- | --- |

—

Annul Council Decision (CFSP) 2017/2282 of 11 December 2017 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo, in so far as the applicant remains at No 13 in Annex II to Decision 2010/788/CFSP and No 13 in Annex Ia to Regulation (EC) No 1183/2005;

| — | Rule that the provisions of Articles 3(2)(b) of Decision 2010/788/CFSP, as amended by Decision 2016/2231/CFSP, and 2b(1)(b) of Regulation [No] 1183/2005/EC are unlawful; |
| --- | --- |

—

Rule that the provisions of Articles 3(2)(b) of Decision 2010/788/CFSP, as amended by Decision 2016/2231/CFSP, and 2b(1)(b) of Regulation [No] 1183/2005/EC are unlawful;

| — | Order the Council to pay the costs. |
| --- | --- |

—

Order the Council to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law, which are in essence identical or similar to those raised in Case T-163/18, Amisi Kumba v Council.

Amisi Kumba

Council

---
<PAGE>
                                  EXHIBIT 10.9

                        ASSIGNMENT OF MEMBERSHIP INTEREST

BY THIS ASSIGNMENT OF MEMBERSHIP INTEREST ("Assignment") made and entered into
as of the 29th day of December 2000, AMORTIBANC INVESTMENTS L.C., a Kansas
Limited Liability Company, ("Assignor"), and 1st Realty Investments, Inc., a
Nevada For Profit Corporation, ("Assignee"), agree as follows:

      1. Assignment. For the amount of $10.00 evidenced by a note for that
amount from Assignee in favor of Assignor, together with other necessary and
agreed upon consideration as set forth below, the receipt and sufficiency of
which are hereby acknowledged, Assignor hereby irrevocably sells, transfers and
assigns to Assignee all of its membership interest and participation percentage
in Prom Partners L.P. Assignee hereby accepts the assignment and transfer of the
Assignors' membership interest in Prom Partners L.P., and agrees to assume any
and all obligations and responsibilities associated with such interest from and
after the date of this Assignment and hold Assignors harmless from any and all
liabilities relating thereto.

      2. Further Acts: Additional Documents. Assignors and Assignee shall
perform all such further acts and execute and deliver any and all additional
documents and instruments that may be necessary or desirable to consummate,
evidence or confirm the assignment of the interest described herein.

      3. Counterparts. This Assignment may be executed in counterparts, each of
which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.

      IN WITNESS WHEREOF, this Assignment has been executed as of the day and
year first above written.

                                            "ASSIGNORS"

                                            AMORTIBANC INVESTMENTS, L.C.
                                            a Kansas limited liability company

                                            /s/    Edward W. Dietrich
                                                   -----------------------------
                                            Name   Edward W. Dietrich
                                                   -----------------------------
                                            Title  Vice President
                                                   -----------------------------

                                            "ASSIGNEE"

                                            1st Realty Investments, Inc.
                                            a Nevada For Profit Corporation

                                            /s/    William Szilagyi
                                                   -----------------------------
                                            Name   William Szilagyi
                                                   -----------------------------
                                            Title  President
                                                   -----------------------------
# C_2019230EN.01003901.xml

| 8.7.2019 | EN | Official Journal of the European Union | C 230/39 |
| --- | --- | --- | --- |

8.7.2019

EN

Official Journal of the European Union

C 230/39

---

Judgment of the General Court of 8 May 2019 — Lucchini v Commission

(Case T-185/18) (1)

(Competition - Agreements, decisions and concerted practices - Market for concrete reinforcing bars in bars or coils - Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 - Partial annulment of the Commission decision - Rejection of a request for reimbursement of a fine paid pursuant to a decision annulled in part - Rejection of a request to be allowed to participate in the administrative procedure that was reopened following the partial annulment of the decision - Rights of the defence - Non-existent act - Non-contractual liability - Limitation)

(2019/C 230/48)

Language of the case: Italian

Parties

Applicant: Lucchini SpA in AS (Piombino, Italy) (represented by: G. Belotti, lawyer)

Defendant: European Commission (represented by: P. Rossi, G. Conte and T. Vecchi, acting as Agents)

Re:

First, application under Article 263 TFEU seeking annulment of the Commission’s letter of 17 January 2018 rejecting the applicant’s request to be reimbursed for the fine, in the amount of EUR 14 350 000, that was imposed on it by Commission Decision C(2009) 7492 final of 30 September 2009 concerning an infringement of Article 65 of the ECSC Treaty, in accordance with Article 101 TFEU and Article 53 of the EEA Agreement (Case COMP/37.956 — Reinforcing bars, re-adoption) and of the Commission’s letter of 9 March 2018 rejecting the applicant’s request to be allowed to participate in the resumed procedure relating to that case and, secondly, application under Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant as a result of the infringement of Article 41 of the Charter of Fundamental Rights of the European Union committed by the Commission in the procedure leading to the adoption of that decision.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Lucchini SpA in AS to pay the costs. |
| --- | --- |

2.

Orders Lucchini SpA in AS to pay the costs.

---

(1)  OJ C 161, 7.5.2018.

---
Order No. 97-46

18018

April 30, 1997

#### State v. Blaisdell

Affirmed
# C_2019423EN.01005501.xml

| 16.12.2019 | EN | Official Journal of the European Union | C 423/55 |
| --- | --- | --- | --- |

16.12.2019

EN

Official Journal of the European Union

C 423/55

---

Order of the General Court of 9 October 2019 — Esim Chemicals v EUIPO — Sigma-Tau Industrie Farmaceutiche Riunite (ESIM Chemicals)

(Case T-713/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark ESIM Chemicals - Earlier national word mark ESKIM - Relative ground for refusal - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed - Action manifestly lacking any foundation in law)

(2019/C 423/70)

Language of the case: English

Parties

Applicant: Esim Chemicals GmbH (Linz, Austria) (represented by: I. Rungg and I. Innerhofer, lawyers)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Sigma-Tau Industrie Farmaceutiche Riunite SpA (Rome, Italy)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 2 October 2018 (Case R 1267/2018-5) relating to opposition proceedings between Sigma-Tau Industrie Farmaceutiche Riunite and Esim Chemicals.

Operative part of the order

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

1.

The action is dismissed.

| 2. | Esim Chemicals GmbH shall bear its own costs and pay the costs incurred by the European Union Intellectual Property Office (EUIPO). |
| --- | --- |

2.

Esim Chemicals GmbH shall bear its own costs and pay the costs incurred by the European Union Intellectual Property Office (EUIPO).

---

(1)  OJ C 44, 4.2.2019.

---
#### State v. Thompson.

16854

12/18/96

Affirmed
Exhibit 32.1

CERTIFICATIONS 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
Perfumania Holdings, Inc. (the Company) on Form 10-Q for the period ending April 30, 2011 as filed with the Securities and Exchange Commission (the Report), I, Michael W. Katz, Chief Executive Officer and President of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

By: /S/ Michael W. KatzMichael W. KatzPresident andChief Executive OfficerJune 10, 2011
#### UNITED STATES of America, Plaintiff-Appellee, v. Noe SIFUENTES-FLORES, also known as Carlos Solares-Hernandez, Defendant-Appellant.

No. 05-40153.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Oct. 12, 2005.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Timothy William Crooks, Assistant Federal Public Defender, Marjorie A. Meyers, Federal Public Defender, Raquel Kathy Wilson, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before BARKSDALE, STEWART, and CLEMENT, Circuit Judges.

PER CURIAM: *

Noe Sifuentes-Flores (“Sifuentes”) appeals from his conviction of being found in the United States after a previous deportation, in violation of 8 U.S.C. § 1326. Sifuentes contends for the first time on appeal that the district court erred by characterizing his state conviction for pos*498session of a controlled substance as an aggravated felony because a prior conviction must qualify as a felony under federal law in order to be an aggravated felony under the guidelines. He further contends that the “felony” and “aggravated felony” sentencing-enhancement provisions of 8 U.S.C. § 1326(b) are facially unconstitutional because *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), has been undercut by later Supreme Court opinions. Sifuentes concedes that his contentions are foreclosed by this court’s case-law.

Sifuentes’s contentions are foreclosed. First, Sifuentes’s prior state felony conviction for possession of a controlled substance qualifies as an aggravated felony under U.S.S.G. § 2L1.2(b) despite the fact that the same offense is punishable only as a misdemeanor under federal law. *See United States v. Caicedo-Cuero,*312 F.3d 697, 705-11 (5th Cir.2002); *United States v. Hinojosa-Lopez,*130 F.3d 691, 693-94 (5th Cir.1997). Second, this court must follow *Almendarez-Torres*“unless and until the Supreme Court itself determines to overrule it.” *United States v. Dabeit,*231 F.3d 979, 984 (5th Cir.2000) (internal quotation marks and citation omitted).

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
MARCH 31, 1997 10-QSB FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                      13,703,894
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             5,740,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 58,686,738
<INVESTMENTS-CARRYING>                       4,548,913
<INVESTMENTS-MARKET>                         4,526,726
<LOANS>                                    143,065,221
<ALLOWANCE>                                  1,564,477
<TOTAL-ASSETS>                             236,891,676
<DEPOSITS>                                 215,197,426
<SHORT-TERM>                                 3,311,908
<LIABILITIES-OTHER>                          1,669,466
<LONG-TERM>                                    173,335
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,627,104
<OTHER-SE>                                  11,912,437
<TOTAL-LIABILITIES-AND-EQUITY>              16,539,541
<INTEREST-LOAN>                              3,323,737
<INTEREST-INVEST>                              966,920
<INTEREST-OTHER>                                62,150
<INTEREST-TOTAL>                             4,352,807
<INTEREST-DEPOSIT>                           1,969,928
<INTEREST-EXPENSE>                           1,986,675
<INTEREST-INCOME-NET>                        2,366,132
<LOAN-LOSSES>                                   93,750
<SECURITIES-GAINS>                             (9,132)
<EXPENSE-OTHER>                              2,054,109
<INCOME-PRETAX>                                763,366
<INCOME-PRE-EXTRAORDINARY>                     763,366
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   486,366
<EPS-PRIMARY>                                     0.32
<EPS-DILUTED>                                     0.32
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                  1,535,747
<LOANS-PAST>                                   342,597
<LOANS-TROUBLED>                             1,081,487
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,467,702
<CHARGE-OFFS>                                   25,574
<RECOVERIES>                                    28,599
<ALLOWANCE-CLOSE>                            1,564,477
<ALLOWANCE-DOMESTIC>                         1,564,477
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            JUN-30-1999
<CASH>                                      926313
<INT-BEARING-DEPOSITS>                           0
<FED-FUNDS-SOLD>                            349860
<TRADING-ASSETS>                                 0
<INVESTMENTS-HELD-FOR-SALE>                4168330
<INVESTMENTS-CARRYING>                           0
<INVESTMENTS-MARKET>                             0
<LOANS>                                   39535622
<ALLOWANCE>                                 488280
<TOTAL-ASSETS>                            47591979
<DEPOSITS>                                40828963
<SHORT-TERM>                                610456
<LIABILITIES-OTHER>                         116782
<LONG-TERM>                                1509193
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     56032
<OTHER-SE>                                 4470553
<TOTAL-LIABILITIES-AND-EQUITY>            47591979
<INTEREST-LOAN>                            1633089
<INTEREST-INVEST>                           135770
<INTEREST-OTHER>                             78028
<INTEREST-TOTAL>                           1846887
<INTEREST-DEPOSIT>                          827491
<INTEREST-EXPENSE>                          870247
<INTEREST-INCOME-NET>                       976640
<LOAN-LOSSES>                                36000
<SECURITIES-GAINS>                               0
<EXPENSE-OTHER>                             854995
<INCOME-PRETAX>                             172668
<INCOME-PRE-EXTRAORDINARY>                  113996
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                113996
<EPS-BASIC>                                  .20
<EPS-DILUTED>                                  .19
<YIELD-ACTUAL>                                3.86
<LOANS-NON>                                 427000
<LOANS-PAST>                                  9000
<LOANS-TROUBLED>                                 0
<LOANS-PROBLEM>                             806045
<ALLOWANCE-OPEN>                            530000
<CHARGE-OFFS>                               103830
<RECOVERIES>                                 26110
<ALLOWANCE-CLOSE>                           488280
<ALLOWANCE-DOMESTIC>                        488280
<ALLOWANCE-FOREIGN>                              0
<ALLOWANCE-UNALLOCATED>                     488280

<PAGE>

</TABLE>
#### Brown v. Brown

20086

2/2/98

Vacated and Remanded