alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court (Sixth Chamber) of 12 March 2009 – Commission v Belgium**

**(Case C‐342/08)**

Failure of a Member State to fulfil obligations – Directive 96/82/EC – Article 11(1)(c) – Failure to draw up external emergency plans – Incomplete transposition

1.                     *Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
– Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 12)*

2.                     *Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
– Not permissible ( Art. 226 EC) (see para. 13)*

3.                     *Acts of the institutions – Directives – Implementation by Member States – Need to ensure that directives are effective (Art.
249 EC) (see para. 16)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Failure to draw up external emergency plans for the measures to be taken outside establishments falling within Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ 1997 L 10, p. 13). |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, by failing to ensure that an external emergency plan is drawn up for all the establishments covered by Article 9 of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, as amended by Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003, the Kingdom of Belgium has failed to fulfil its obligations under that directive. |

| | | |
| --- | --- | --- |
| 2. | | Orders the Kingdom of Belgium to pay the costs. |
Exhibit 14.2





SKY FINANCIAL GROUP, INC.



CODE OF ETHICS FOR SENIOR FINANCIAL OFFICERS



The Sky Financial Group Code of Ethics for Senior Financial Officers applies
to the Companys senior financial officers, which includes its principal executive officer, principal financial officer, principal accounting officer or controller or other persons performing similar functions. This Code of Ethics is intended
to supplement Sky Financials Code of Conduct.



Standard of Conduct



To the best of their knowledge and ability, the Companys senior
financial officers shall:



| |  | Engage in and promote honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships;
| | - | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  | Provide full, fair, accurate, timely and understandable disclosure in reports and documents that the Company or its subsidiaries files with, or submits to, the Securities and
Exchange Commission and in other public communications made by the Company;
| | - | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  | Comply with applicable governmental laws, rules and regulations, as well as the rules and regulations of self-regulatory organizations of which the Company is a member;
| | - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  | Promptly report any violation of this Code of Ethics to the chair of the Audit Committee of the Companys Board of Directors and to the appropriate person(s) identified in the
Companys Code of Conduct.
| | - | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Accountability to the Code of
Ethics



Each senior financial officer will be held accountable for
adherence to this Code of Ethics and the Code of Conduct. Any violation of this Code of Ethics may result in disciplinary action, up to and including termination of employment and prosecution under the law. The Board of Directors shall have the sole
and discretionary authority to approve any deviation or waiver from this Code of Ethics for senior financial officers. Any change in or waiver from and the grounds for such change or waiver of this Code of Ethics shall be promptly disclosed through
a filing with the Securities and Exchange Commission on Form 8-K.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-50184

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

EMILIO PENA-NAJERA

Defendant-Appellant

Appeal from the United States District Court 

for the Western District of Texas

2:06-CR-689-ALL

Before JOLLY, BARKSDALE and HAYNES, Circuit Judges.

PER CURIAM:*

Emilio Pena-Najera pled guilty to a one-count indictment for possession

of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and

(b)(1)(B). His sole issue on appeal is based upon his contention that the district

court erred in failing to award him a reduction of his sentence under the “safetyvalve provision” of 18 U.S.C. § 3553(f) and section 5C1.2 of the United States

Sentencing Guidelines. Pena-Najera alleges that the district judge failed to

make an “independent determination.”

United States Court of Appeals

Fifth Circuit

F I L E D

October 10, 2008

Charles R. Fulbruge III

Clerk
No. 07-50184

2

We have carefully reviewed the sentencing record, and we conclude that

the district judge did made an “independent determination.” It was PenaNajera’s burden to prove that he was entitled to the “safety-valve” reduction, and

he failed to meet that burden. United States v. Flanagan, 80 F.3d 143, 146 (5th

Cir. 1996); see also United States v. Cervantes, 519 F.3d 1254, 1258 (10th Cir.

2008) (“he who has the burden of proof must put on some evidence at a

sentencing hearing to allow the district court to find, by a preponderance of the

evidence, that he is eligible for the safety-valve adjustment.”). 

Accordingly, the judgment of the district court is AFFIRMED.
DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

www.state.sd.us/denr 

May 5, 2011 

Deborah Lebow Aal, Acting Director 

Air and Radiation Program 

US Environmental Protection Agency, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Ms. Lebow Aal: 

On February 1,2008, the South Dakota Department of Environment and Natural Resources 

submitted an infrastructure State Implementation Plan (SIP) certification to meet the 

requirements of the federal Clean Air Act (CAA), sections 11 O(a)(1) and (2) for the 1997 ozone 

National Ambient Air Quality Standard. I was contacted by Monica Morales, Unit Chief, Air 

Quality Planning Unit, indicating EPA is ready to finalize approval of the submittal except for 

one glitch. 

Apparently three years later, the infrastructure SIP certification is no longer approvable because 

it was submitted prior to EPA's December 30,2010 promulgation of the Limitation of Approval 

of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas EmittingSources in State Implementation Plans ("PSD SIP Narrowing Rule") (75 FR 82536). This rule 

withdrew approval of South Dakota's PSD program to the extent the program applied PSD 

permitting to GHG emission increases from GHG-emitting sources with emissions beiow the 

thresholds established in EPA's June 3, 2010 Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule ("Tailoring Rule") (75 CFR 31514). 

This is a prime example of why states believe the SIP process is broken and improving this 

process should be an EPA top priority. Evaluating SIP submittals based on future rules not in 

place when the SIP was submitted creates a process which will never allow a SIP to be approved. 

This is especially true when it takes EPA three years or more to approve just an infrastructure 

SIP certification. 

Having said that and to keep the process moving forward, the department wishes to clarify, to 

satisfy the requirements of CAA section 11 0(a)(2), the department's infrastructure SIP 

certification should be read to rely only on the portion of South Dakota's PSD program that 

remains approved after the PSD SIP Narrowing Rule took effect on December 30,2010. 
I hope EPA will work diligently with states on improving the SIP process and I want to thank 

Monica for working with us on this issue. Please contact me at (605) 773-3151, if you have any 

questions. 

Sincerely,
Motion GRANTED in part and Order filed July 1, 2022. 

In The

Fourteenth Court of Appeals

____________

NO. 14-22-00274-CV

____________

IN RE DONOVAN MITTLESTED, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

County Court at Law No. 3

Brazoria County, Texas

Trial Court Cause No. PR39333

ORDER

On April 18, 2022, relator Donovan Mittlested filed a petition for writ of 

mandamus in this court. Relator asks this court to order the Honorable Jeremy E. 

Warren, presiding judge of County Court at Law No. 3 in Brazoria County, Texas, 

to set aside his March 17, 2022 order of contempt, entered in trial court number 

PR39333, styled In the Estate of Jack McClure, Deceased. 

Relator has also filed a motion for temporary stay of proceedings below. See 

Tex. R. App. P. 52.8(b), 52.10. On May 24, 2022, relator asked this court to stay 
proceedings in the trial court pending a decision on the petition for writ of 

mandamus.

It appears from the facts stated in the petition and motion that relator’s request 

for relief requires further consideration and that relator will be prejudiced unless 

immediate temporary relief is granted. We therefore GRANT relator’s motion in 

part and issue the following order:

We ORDER the March 17, 2022 order of contempt in trial court cause 

number PR39333, In the Estate of Jack McClure, Deceased, STAYED until a final 

decision by this court on relator’s petition for writ of mandamus, or until further 

order of this court. All other relief requested in the motion is denied.

PER CURIAM

Panel consists of Justices Jewell, Zimmerer, and Hassan.
<PAGE>

EXHIBIT 99.1

                                CERTIFICATION OF

                             CHIEF EXECUTIVE OFFICER

                                   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 Temporary Financial Services, Inc.
(the "Company") on Form 10-QSB for the quarterly period ended March 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, John R. Coghlan, 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:

     (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.

/s/ John R. Coghlan
----------------------------
John R. Coghlan
Chief Executive Officer
May 1, 2003

<PAGE>
# C_2009180EN.01004801.xml

| 1.8.2009 | EN | Official Journal of the European Union | C 180/48 |
| --- | --- | --- | --- |

1.8.2009

EN

Official Journal of the European Union

C 180/48

---

Judgment of the Court of First Instance of 11 June 2009 — Hedgefund Intelligence v OHIM — Hedge Invest (InvestHedge)

(Case T-67/08) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community figurative mark InvestHedge - Earlier Community figurative mark HEDGE INVEST - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 180/88

Language of the case: English

Parties

Parties

Applicant: Hedgefund Intelligence Ltd (London, United Kingdom) (represented by: J. Reed, Barrister, and G. Crofton Martin, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Hedge Invest SpA (Milan, Italy)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action against the decision of the Second Board of Appeal of OHIM of 28 November 2007 (Case R 148/2007-2) relating to opposition proceedings between Hedge Invest SpA and Hedgefund Intelligence Ltd.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Hedgefund Intelligence Ltd to pay the costs. |
| --- | --- |

2.

Orders Hedgefund Intelligence Ltd to pay the costs.

---

(1)  OJ C 107, 26.4.2008.

1

---
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Page H5684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                          LEGISLATIVE PROGRAM

  (Mr. HOYER asked and was given permission to address the House for 1 
minute.)
  Mr. HOYER. Mr. Speaker, I understand the adjournment resolution has 
arrived from the Senate, and I just want to advise not only my Members 
but all Members that there will be a vote following the next vote, 
which was scheduled to be the last vote, but because the adjournment 
resolution is now here, I want to advise my Members and obviously other 
Members as well. I've talked to Mr. Cantor, the leader, who has been 
helpful on this effort as well, that there will be another vote 
following this vote.

                          ____________________
```
# C_2008128EN.01002102.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 128/21 |
| --- | --- | --- | --- |

24.5.2008

EN

Official Journal of the European Union

C 128/21

---

Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 27 February 2008 — David Hütter v Technische Universität Graz

(Case C-88/08)

(2008/C 128/36)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicant: David Hütter

Applicant:

Defendant: Technische Universität Graz

Defendant:

Question referred

Are Articles 1, 2 and 6 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation to be understood as precluding national legislation (1) (here: Paragraphs 3(3) and 26(1) of the Austrian Vertragsbedienstetengesetz 1948 (1948 Law on contractual employees)) which excludes accreditable previous service from being taken into account in the determination of the reference date for salary increments in so far as such service was completed before the person concerned reached the age of 18 years?

1

---

(1)  OJ 2000 L 303, p. 16.

1

---
# Banks - Appalachian Regional Commission

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- Molly Theobald Director, Critical Infrastructure.The post Molly Theobald appeared first on Appalachian Regional Commission.
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- Southwestern Pennsylvania Commission Executive Director Vincent Valdes Email &#160;&#x63;&#111;&#109;&#x6d;&#x65;&#110;&#116;&#x73;&#x40;&#115;&#112;&#x63;&#x72;&#101;&#103;&#x69;&#x6f;&#110;&#46;&#x6f;&#x72;&#103;The post Southwestern Pennsylvania Commission appeared first on Appalachian Regional Commission.
<PAGE>

Exhibit 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

         In connection with the Report of Amaru, Inc. (the "Company") on Form
10-QSB for the for the quarter ended March 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), we, Colin Binny
President (Chief Executive Officer) and Francis Foong Keong Kwong, Chief
Financial Officer 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:

                  (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 result of
         operations of the Company.

/s/ Colin Binny
-------------------------------------
Colin Binny
President (Chief Executive Officer)
October 19, 2004

/s/ Francis Foong Keong Kwong
-------------------------------------
Francis Foong Keong Kwong
Chief Financial Officer
October 19, 2004
# C_2009044EN.01003902.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 44/39 |
| --- | --- | --- | --- |

21.2.2009

EN

Official Journal of the European Union

C 44/39

---

Appeal brought on 24 December 2008 by Christos Gogos against the judgment delivered by the Court of First Instance (Seventh Chamber) on 15 October 2008 in Case T-66/04 Christos Gogos v Commission of the European Communities

(Case C-583/08 P)

(2009/C 44/67)

Language of the case: Greek

Parties

Appellant: Christos Gogos (represented by: N. Korogiannakis and P. Katsimani, lawyers)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought

The appellant claims that the Court should:

| — | set aside the judgment of the Court of First Instance; |
| --- | --- |

—

set aside the judgment of the Court of First Instance;

| — | annul the decision placing him in Grade A 7 and the decision of 24 November 2003 rejecting his administrative complaint; |
| --- | --- |

—

annul the decision placing him in Grade A 7 and the decision of 24 November 2003 rejecting his administrative complaint;

| — | exercise its unlimited jurisdiction and award compensation totalling EUR 538 121,79 in respect of the economic damage which results from the Commission's unlawful conduct in adopting the harmful decision at issue, and which has been aggravated by the administrative reform for the remainder of his expected life; |
| --- | --- |

—

exercise its unlimited jurisdiction and award compensation totalling EUR 538 121,79 in respect of the economic damage which results from the Commission's unlawful conduct in adopting the harmful decision at issue, and which has been aggravated by the administrative reform for the remainder of his expected life;

| — | award compensation totalling EUR 50 000 for the long delay in delivery of the judgment at first instance; |
| --- | --- |

—

award compensation totalling EUR 50 000 for the long delay in delivery of the judgment at first instance;

| — | order the defendant to pay the appellant's costs in respect of both the case before the Court of First Instance and the present proceedings. |
| --- | --- |

—

order the defendant to pay the appellant's costs in respect of both the case before the Court of First Instance and the present proceedings.

Pleas in law and main arguments

In his appeal against the judgment of 15 October 2008 in Case T-66/04 Christos Gogos v Commission of the European Communities, the appellant Christos Gogos puts forward, first of all, two pleas to substantiate his claim that the judgment of the Court of First Instance should be set aside.

Christos Gogos

Commission of the European Communities

First, the appellant complains of insufficient and mistaken reasoning in respect of five of the six pleas for annulment which he put forward as applicant.

Secondly, the appellant submits that the length of the proceedings before the Court of First Instance is not justified by objective reasons. Furthermore, he has been harmed economically and has suffered non-material damage because of that delay.

---
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Extensions of Remarks]
[Page E1457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                    IN MEMORY OF HELEN GURLEY BROWN

                                 ______
                                 

                         HON. LAURA RICHARDSON

                             of california

                    in the house of representatives

                       Monday, September 10, 2012

  Ms. RICHARDSON. Mr. Speaker, I rise today to pay. tribute to the 
memory of Helen Gurley Brown, one of the world's most influential 
magazine editors and authors. As editor-in-chief of Cosmopolitan 
magazine for over three decades, Ms. Gurley Brown promoted the idea of 
a modern career woman and left a permanent mark on American culture. 
She passed away at 90 years old.
  Even from an early age, Ms. Gurley Brown never let anyone set limits 
on what she should do with her life. She put herself through Woodbury 
Business College and jumped into a career in copyediting, all at a time 
when society demanded that women marry young and start families 
instead. She knew that women could have it all: successful careers, 
relationships, and the confidence to take charge of their own lives.
  In 1962, Ms. Gurley Brown authored her famous book, ``Sex and the 
Single Girl.'' Three years later, she became editor of Cosmopolitan, 
transforming it into the bold and trendy magazine we know it as today. 
Her frank advice on sex and careers revolutionized the entire media 
industry and sparked a nation-wide conversation on what it meant to be 
a feminist and modern woman. Although her publications were considered 
shocking and risque when first published, she ushered in a new wave of 
ideas and made women's empowerment a mainstream concept.
  Ms. Gurley Brown changed the way an entire generation of women 
defined themselves and their future aspirations. Her outspoken and 
pioneering nature will be greatly missed, but her lifetime's work has 
already liberated a whole generation from outdated ideas of women's 
place in society. Her legacy will live on through the countless women 
Ms. Gurley Brown has inspired.
  Mr. Speaker, I ask my colleagues to join me in expressing deep 
condolences to Ms. Gurley Brown's friends and family.

                          ____________________
```