alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020423EN.01000701.xml

| 7.12.2020 | EN | Official Journal of the European Union | C 423/7 |
| --- | --- | --- | --- |

7.12.2020

EN

Official Journal of the European Union

C 423/7

---

Judgment of the Court (Second Chamber) of 17 September 2020 (request for a preliminary ruling from the Conseil d’État — France) — Ministre de l’Agriculture et de l’Alimentation v Compagnie des pêches de Saint-Malo

(Case C-212/19) (1)

(Reference for a preliminary ruling - State aid - Concept - Wreck of the oil tanker Erika - Aid scheme for aquaculture and fisheries undertakings - Decision declaring the aid scheme partly incompatible with the common market and ordering the recovery of the aid paid out - Assessment of validity - Examination of the Court’s own motion - Admissibility - Failure to bring an action for annulment by the defendant in the main proceedings - Reduction in social security contributions - Employees’ contributions - Advantage - Question of who is liable for repayment)

(2020/C 423/09)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: Ministre de l’Agriculture et de l’Alimentation

Defendant: Compagnie des pêches de Saint-Malo

Operative part of the judgment

Commission Decision 2005/239/EC of 14 July 2004 concerning certain aid measures applied by France to assist fish farmers and fishermen is invalid in so far as it classifies the reduction in employees’ contributions granted by the French Republic to fishermen for the period from 15 April to 15 October 2000 as State aid incompatible with the common market.

---

(1)  OJ C 164, 13.5.2019.

---
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-15-00298-CV 

IN RE JAMES HENRY GIBSON, RELATOR 

 

ORIGINAL PROCEEDING 

 

August 5, 2015 

 

MEMORANDUM OPINION 

 

Before CAMPBELL and HANCOCK and PIRTLE, JJ. 

Relator, James Henry Gibson, has filed a petition for writ of mandamus by which 

he seeks the issuance of a writ ordering the respondent, the Honorable Dan L. Schaap, 

Judge of the 47

th District Court of Randall County, Texas, to vacate judgments he

entered in trial court cause numbers 24276A and 24329A. By his petition, Gibson 

presents issues of insufficiency of the evidence, denial of counsel at a critical stage of a 

criminal proceeding, and ineffective assistance of counsel. Finding we lack jurisdiction, 

we will dismiss Gibson’s petition.

Following Gibson’s convictions and sentencing in trial court cause numbers 

24276A and 24329A, he perfected appeal to this Court. After reviewing issues of 

sufficiency of the evidence, this Court found no reversible error and affirmed the 
2

judgment of the trial court. See Gibson v. State, Nos. 07-13-00412-CR, 07-13-00413-

CR, 2014 Tex. App. LEXIS 9438, at *19 (Tex. App.—Amarillo Aug. 25, 2014, pet. ref’d.). 

After Gibson’s petition for discretionary review was refused by the Texas Court of 

Criminal Appeals, mandate was issued by this Court on December 23, 2014. 

Consequently, Gibson’s felony convictions are final. 

Analysis

The issues Gibson presents in his petition for writ of mandamus are issues that 

should have been raised in Gibson’s direct appeal or in a request for post-conviction 

habeas corpus relief. See TEX. CODE CRIM. PROC. ANN. art. 11.01 (West 2015) (writ of 

habeas corpus is remedy to be used when a person is restrained in his liberty); Ex parte 

Gray, 649 S.W.2d 640, 642 (Tex. Crim. App. 1983) (court must look to the substance of 

the relief sought, rather than its nomenclature or form). Courts of appeals have no 

jurisdiction over post-conviction writs of habeas corpus in felony cases. TEX. CODE 

CRIM. PROC. ANN. art. 11.07, § 3 (West 2015); Ex parte Alexander, 685 S.W.2d 57, 60 

(Tex. Crim. App. 1985). 

Because we have no jurisdiction over what is, in effect, a post-conviction habeas 

corpus proceeding, we dismiss Gibson’s petition for writ of mandamus.1

Mackey K. Hancock

 Justice

 

1 We note that it appears that Gibson has filed an application for post-conviction habeas corpus 

relief in January. However, this application was denied by the Texas Court of Criminal Appeals without 

written order. See Ex parte Gibson, No. WR-44,081-04 (Tex. Crim. App. Jan. 28, 2015).
#### Francis Karg et al., Plaintiffs, *v.*H. C. Bohack Co. Inc. et al., Defendants.

Supreme Court, Trial Term, Nassau County,

October 7, 1959.

*Nathanial S. Rudes*for plaintiffs.

*Marvin, Montfort, Vaccaro & Healy*for H. C. Bohack Co., Inc., defendant.

Mario Pittoni, J.

Motion to strike from the calendar is denied.

We are faced with a situation in which summary judgment was recently granted by Mr. Justice Robixsox, with a direction that the case be put on the Trial Term, Part I Calendar for assessment of damages on October 26, 1959, and the filing of a note of issue and statement of readiness pursuant to that direction. However, the defendant complains, and not without warrant, that there has been no physical examination of the plaintiff by the defendant, and no written authorization by the plaintiffs to the defendants to review the hospital records.

*212To grant the motion at this time would only cause double work on all sides and would tend to defeat Mr. Justice Robihsoh’s directions. Furthermore, we are still in a state of uncertainty as to the method and details necessary to put a case on the Trial Calendar for the purpose of a trial on the issue of damages after a motion for summary judgment has been granted on the issue of liability. Thus, some mistakes are bound to be made and will necessitate a practical solution in each such case even when not within the exact letter of the statement of readiness rule.

Therefore, the injured plaintiff is directed to appear on a day and time to be fixed in the proposed order at the office of a physician named in the order, or on a day and at the office of a physician agreed upon by stipulation; and shall also give written authorization for the inspection of hospital records within five days after the service of a copy of the order herein.

Submit order.
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S6006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                       NOMINATIONS IN STATUS QUO

  Mr. REID. Mr. President, as in executive session, if the Senate 
adjourns under S. Con. Res. 59, I ask unanimous consent that all the 
nominations received by the Senate during the 112th Congress, second 
session, remain in status quo, notwithstanding the provisions of rule 
XXXI, paragraph 6, of the Standing Rules of the Senate, with the 
following exception: PN 1727.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________
```
# C_2011103EN.01002002.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/20 |
| --- | --- | --- | --- |

2.4.2011

EN

Official Journal of the European Union

C 103/20

---

Judgment of the General Court of 17 February 2011 — FIFA v Commission

(Case T-68/08) (1)

1

(Television broadcasting - Article 3a of Directive 89/552/EEC - Measures taken by the United Kingdom concerning events of major importance to United Kingdom society - Football World Cup - Decision declaring the measures compatible with Community law - Statement of reasons - Articles 43 EC, 49 EC and 86 EC - Right to property)

2011/C 103/35

Language of the case: English

Parties

Parties

Applicant: Fédération Internationale de Football Association (FIFA) (Zurich, Switzerland) (represented by: initially by E. Batchelor, F. Young, Solicitors, A. Barav, D. Reymond, lawyers and F. Carlin, Barrister, and subsequently by E. Batchelor, A. Barav, D. Reymond, lawyers and F. Carlin, Barrister)

Applicant:

Defendant: European Commission (represented by: initially by F. Benyon, E. Montaguti and N. Yerrell and subsequently by F. Benyon and E. Montaguti, Agents, assisted by J. Flynn QC and M. Lester, Barrister)

Defendant:

Interveners in support of the defendants: Kingdom of Belgium (represented by C. Pochet, Agent, assisted by J. Stuyck and A. Joachimowicz, lawyers); and United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer and V. Jackson and subsequently by S. Behzadi-Spencer and L. Seeboruth, Agents, assisted initially by T. de la Mare and subsequently by B. Kennelly, Barristers)

Re:

Re:

Partial annulment of Commission Decision 2007/730/EC of 16 October 2007 on the compatibility with Community law of measures taken by the United Kingdom pursuant to Article 3a(1) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ 2007 L 295, p. 12).

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders the Fédération Internationale de Football Association (FIFA) to bear its own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders the Fédération Internationale de Football Association (FIFA) to bear its own costs and to pay those incurred by the European Commission;

| 3. | Orders the Kingdom of Belgium, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland to bear their own costs. |
| --- | --- |

3.

Orders the Kingdom of Belgium, the Federal Republic of Germany and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

---

(1)  OJ C 107, 26.4.2008.

1

---
# C_2011030EN.01005901.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/59 |
| --- | --- | --- | --- |

29.1.2011

EN

Official Journal of the European Union

C 30/59

---

Judgment of the Civil Service Tribunal (Second Chamber) of 9 December 2010 — Schuerings v European Training Foundation (ETF)

(Case F-87/08) (1)

1

(Civil service - Staff of the European Training Foundation - Temporary Agent - Contract of unlimited duration - Dismissal - Requirement to provide a valid reason - Abolition of a post - Duty of care - Reallocation)

2011/C 30/110

Language of the case: French

Parties

Parties

Applicant: Gisela Schuerings (Nice, France) (represented by: N. Lhoest and L. Delhaye, lawyers)

Applicant:

Defendant: European Training Foundation (ETF) (represented by: T. Ciccarone, Agent, assisted by L. Levi, lawyer)

Defendant:

Re:

Re:

Annul the defendant’s decision to dismiss the applicant, and order the European Foundation to provide compensation for the pecuniary and non-pecuniary damage suffered by the applicant.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the decision to dismiss Ms Schuerings of 23 October 2007; |
| --- | --- |

1.

Annuls the decision to dismiss Ms Schuerings of 23 October 2007;

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

2.

Dismisses the action as to the remainder;

| 3. | Orders the European Training Foundation (ETF) to pay the costs. |
| --- | --- |

3.

Orders the European Training Foundation (ETF) to pay the costs.

---

(1)  OJ C 327, 20.12.2008, p. 43.

1

---
EXHIBIT 32

CERTIFICATION WITH RESPECT TO ANNUAL REPORT OF

LANDRYS RESTAURANTS, INC.

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of title 18,
United States Code), each of the undersigned officers of Landrys Restaurants, Inc. (the Company), does hereby certify to such officers knowledge that:

The Annual Report on Form 10-K for the year ended December 31, 2007 (the Form 10-K) of the Company fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of
the Company as of, and for, the periods presented in the Form 10-K.

Dated: March 17, 2008



/s/ Tilman J. FertittaTilman J. FertittaChairman of the Board, President and Chief Executive Officer/s/ Rick H. LiemRick H. LiemExecutive Vice President and Chief Financial Officer


[The foregoing certification is being furnished as an exhibit to the Form 10-K pursuant to Item 601
(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Sections 1350, Chapter 63 of the Title 18, United States Code) and, accordingly, is not being filed as part of
the Form 10-K for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.]
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4335 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 4335

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2018

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
 To amend title 38, United States Code, to provide for headstones and 
markers for, and interment in national cemeteries of, deceased spouses 
and dependent children of members of the Armed Forces serving on active 
                     duty, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemember Family Burial Act''.

SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PROVISION OF HEADSTONES AND 
              MARKERS FOR, AND INTERMENT IN NATIONAL CEMETERIES OF, 
              SPOUSES AND DEPENDENT CHILDREN OF MEMBERS OF THE ARMED 
              FORCES SERVING ON ACTIVE DUTY.

    (a) Headstones and Markers.--Section 2306(b)(2) of title 38, United 
States Code, is amended--
            (1) in subparagraph (B), by inserting ``, or the spouse of 
        a member of the Armed Forces serving on active duty under 
        conditions other than dishonorable, as shown by a statement 
        from a general court-martial convening authority, at the time 
        of the spouse's death if such death occurs before October 1, 
        2024'' after ``veteran''; and
            (2) in subparagraph (C), by inserting ``, or the eligible 
        dependent child of a member of the Armed Forces serving on 
        active duty under conditions other than dishonorable, as shown 
        by a statement from a general court-martial convening 
        authority, at the time of the child's death if such death 
        occurs before October 1, 2024'' after ``veteran''.
    (b) Interment in National Cemeteries.--Section 2402(a)(5) of such 
title is amended by inserting ``, and the spouse, minor child, and, in 
the discretion of the Secretary, unmarried adult child of a member of 
the Armed Forces serving on active duty under conditions other than 
dishonorable, as shown by a statement from a general court-martial 
convening authority, at the time of the spouse's or child's death if 
such death occurs before October 1, 2024'' after ``paragraph (7)''.

            Passed the House of Representatives May 7, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

    PRESENTATION OF CONGRESSIONAL GOLD MEDAL TO DAW AUNG SAN SUU KYI

  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I ask unanimous 
consent that the Committee on House Administration be discharged from 
further consideration of the concurrent resolution (H. Con. Res. 135) 
authorizing the use of the rotunda of the Capitol for the presentation 
of the Congressional Gold Medal to Daw Aung San Suu Kyi, in recognition 
of her leadership and perseverance in the struggle for freedom and 
democracy in Burma, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the concurrent resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The text of the concurrent resolution is as follows:

                            H. Con. Res. 135

       Resolved by the House of Representatives (the Senate 
     concurring),

     SECTION 1. USE OF ROTUNDA FOR PRESENTATION OF CONGRESSIONAL 
                   GOLD MEDAL TO DAW AUNG SAN SUU KYI.

       The rotunda of the Capitol is authorized to be used on 
     September 19, 2012, for the presentation of the Congressional 
     Gold Medal to Daw Aung San Suu Kyi, in recognition of her 
     leadership and perseverance in the struggle for freedom and 
     democracy in Burma. Physical preparations for the ceremony 
     shall be carried out in accordance with such conditions as 
     the Architect of the Capitol may prescribe.

  The concurrent resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________
```
#### Ernest George MINNS, Appellant, v. SIMPSON, D. E., Individually and in his official capacity as Supt. of Harrisonburg Correctional Field Unit # 8, Appellee.

No. 75-1426.

United States Court of Appeals, Fourth Circuit.

Submitted Feb. 9, 1976.

Decided April 1, 1976.

Ernest George Minns, pro se.

Burnett Miller, III; Asst. Atty. Gen., Richmond, Va., for appellee.

Before RUSSELL, FIELD and WIDENER, Circuit Judges.

PER CURIAM:

A review of the record and of the district court’s opinion discloses that an appeal from the order of the district court denying relief under 42 U.S.C. § 1983 would be without merit. Accordingly, although leave to proceed in forma pauperis is granted, the judgment of the district court is affirmed for the reasons stated in its order. *Minns v Simpson,*391 F.Supp. 1156 (W.D.Va.1975) See also *Sweet*v. *South Carolina Dept. of Corrections,*529 F.2d 854 (4th Cir., 1975)
# C_2008064EN.01006902.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/69 |
| --- | --- | --- | --- |

8.3.2008

EN

Official Journal of the European Union

C 64/69

---

Action brought on 14 January 2008 — Schönberger v Parliament

(Case F-7/08)

(2008/C 64/114)

Language of the case: German

Parties

Applicant: Peter Schönberger (Luxembourg, Luxembourg) (represented by: O. Mader, lawyer)

Applicant:

Defendant: European Parliament

Defendant:

The subject-matter and description of the proceedings

Annulment of the Parliament's decision not to award the applicant a third service point in the context of his periodical report for 2003.

Form of order sought

| — | Annul the defendant's decision of 15 January 2007 not to award the applicant a third service point in the context of his periodical report for 2003 and its decision of 16 October 2007 rejecting the applicant's complaint against the decision of 15 January 2007; |
| --- | --- |

—

Annul the defendant's decision of 15 January 2007 not to award the applicant a third service point in the context of his periodical report for 2003 and its decision of 16 October 2007 rejecting the applicant's complaint against the decision of 15 January 2007;

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

—

Order the defendant to pay the costs.

---
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 ZBB Energy Corporation (the “Company”) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Eric C. Apfelbach, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, to my knowledge, that:





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





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





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




May 16, 2011

/s/  Eric C. ApfelbachEric C. Apfelbach(Principal Executive Officer)
CERTIFICATION OF PUBLIC HEARING 

40 CFR Part 51, Appendix V, 2.1(g) 
The State of New Hampshire 

Department of Environmental Services 

Michael P Nolin 

Commissioner 

January 11, 2005 

I Hereby Certify: 

That, in accordance with the provisions of NH RSA 541-A:11 and section 110(a) of the 

Clean Air Act, as amended, public notice was given specifying that a public hearing was to be 

held on January 10, 2005 at 9:00 a.m. in Room 114 of the offices of the NH Department of 

Environmental Services, 29 Hazen Drive, Concord, NH. The notice was published at least 30 

days prior to the date of such hearing in a newspaper of general circulation. The notice stated 

that copies of documentation regarding revisions to the State Implementation Plan, specifically 

the proposed amendment of Env-A 1204 of the NH Code of Administrative Rules, could be 

examined at the offices of the Department's Air Resources Division. 

That the public hearing was held on January 10, 2005 at 9 :00 a.m. in Room 114 of the 

offices of the NH Department of Environmental Services, 29 Hazen Drive, Concord, NH, in 

accordance with the public notice . 

That a complete record of the public hearing held on January 10, 2005 is available on 

tape at the offices of the NH Department of Environmental Services, 29 Hazen Drive, Concord, 

NH. 

That the above statements are true to the best of my knowledge and belief. 

c~l (2 C~~ V' 

Craig A. Wright, Administrator 

Stationary Source Management Bureau 

Air Resources Division 

? 

P.O. Box 95, 29 Hazen Drive, Concord, New Hampshire 03302-0095 

Telephone: (603) 271-1370 " Fax: (603) 271-1381 " TDD Access: Relay NH 1-800-735-2964