alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009256EN.01000601.xml

| 24.10.2009 | EN | Official Journal of the European Union | C 256/6 |
| --- | --- | --- | --- |

24.10.2009

EN

Official Journal of the European Union

C 256/6

---

Judgment of the Court (Seventh Chamber) of 3 September 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-457/08) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2005/14/EC - Insurance against civil liability - Motor vehicles - Failure to transpose within the prescribed period)

2009/C 256/10

Language of the case: English

Parties

Parties

Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent)

Applicant:

Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: L. Seeboruth, acting as Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles (OJ 2005 L 149, p. 14)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Directive 2005/14/EC; |
| --- | --- |

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2005/14/EC of the European Parliament and of the Council of 11 May 2005 amending Council Directives 72/166/EEC, 84/5/EEC, 88/357/EEC and 90/232/EEC and Directive 2000/26/EC of the European Parliament and of the Council relating to insurance against civil liability in respect of the use of motor vehicles, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Directive 2005/14/EC;

| 2. | Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs. |
| --- | --- |

2.

Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.

---

(1)  OJ C 313, 6.12.2008.

1

---
# C_2013101EN.01001601.xml

| 6.4.2013 | EN | Official Journal of the European Union | C 101/16 |
| --- | --- | --- | --- |

6.4.2013

EN

Official Journal of the European Union

C 101/16

---

Judgment of the General Court of 7 February 2013 — EuroChem MCC v Council

(Case T-459/08) (1)

1

(Dumping - Imports of ammonium nitrate originating in Russia - Request for a partial interim review - Expiry review - Normal value - Export price - Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 1225/2009))

2013/C 101/33

Language of the case: English

Parties

Parties

Applicant: EuroChem Mineral and Chemical Company OAO (EuroChem MCC) (Moscow, Russia) (represented: initially by P. Vander Schueren and B. Evtimov, lawyers, and subsequently by B. Evtimov and D. O’Keeffe, Solicitor)

Applicant:

Defendant: Council of the European Union (represented by: J.-P. Hix and B Driessen, Agents, and initially by G. Berrisch and G. Wolf, lawyers, and subsequently by G. Berrisch)

Defendant:

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and M. França, Agents); and Fertilizers Europe (Brussels, Belgium) (represented by: B. O’Connor, Solicitor, and S. Gubel, lawyer)

Interveners in support of the defendant:

Re:

Re:

Action for annulment of Council Regulation (EC) No 661/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 185, p.1).

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders EuroChem Mineral and Chemical Company OAO (EuroChem MCC) to bear its own costs and to pay those incurred by the Council of the European Union and by Fertilizers Europe; |
| --- | --- |

2.

Orders EuroChem Mineral and Chemical Company OAO (EuroChem MCC) to bear its own costs and to pay those incurred by the Council of the European Union and by Fertilizers Europe;

| 3. | Orders the European Commission to bear its own costs. |
| --- | --- |

3.

Orders the European Commission to bear its own costs.

---

(1)  OJ C 327, 20.12.2008.

1

---
#### Tamara Royal Jelly Products, Ltd., Respondent, *v.*Kubie’s Health Shop, Inc., Appellant.

Supreme Court, Appellate Term, First Department,

June 25, 1959.

*Joseph Lewis Simon*for appellant.

*Jacob Bromberg*for respondent.

*Per Curiam.*

There is another action pending for the same relief. That action was begun by service of the summons (N. Y. City Mun. Ct. Code, § 18). The failure to file the summons stays the plaintiff from proceeding but does not terminate the action. *956Plaintiff’s relief is to discontinue the prior action or proceed under it.

The judgment should be reversed, with $10 costs, and motion for summary judgment denied.

Concur — Steueb, J. P., Hoestadteb and Aurelio, JJ.

Judgment reversed, etc.
Summary of Director Compensation



 Exhibit 10.5 
  
 ICAGEN, INC. 
  
 Summary of Director Compensation 
  
 Compensation of our Directors 
  
 Icagen, Inc. reimburses each non-employee director for out-of-pocket expenses they incur in attending Board and committee meetings and pays each
non-employee director an annual retainer fee of $25,000. The chairman of the Company’s audit committee receives an additional annual retainer of $10,000 and other committee chairmen receive an additional annual retainer of $3,000. In addition,
the Company pays each non-employee director $1,000 for attendance at each Board meeting in which he or she participates in person or $500 if attendance is by telephone. Each non-employee director also receives $1,000 for each meeting of a committee
of the Board that he or she participates in person or $500 if attendance is by telephone that is held on a day other than the day of the date of any meeting of the full Board of Directors. Directors who are also the Company’s employees do not
receive any compensation in their capacities as directors. 
  
 Each of the Company’s non-employee directors receives options to purchase 25,000 shares of the Company’s common stock for his or her services as a director for each three-year term served. Options for the Company’s current
directors are granted every three calendar years as of the first business day of the calendar year. Options for new directors will be granted as of the date of the election or appointment of the director to the board of directors. Options granted to
the non-employee directors vest monthly over three years, subject to the director’s continued service as a director.
EXHIBIT 31.2
 
 CERTIFICATIONS
 I, John P. Iparraguirre, certify that:
 1.

I have reviewed this Quarterly Report on Form 10-QSB of Hana Biosciences, Inc. (the Registrant);2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report;4.

The Registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) for the small business issuer and have:(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;(b) Evaluated the effectiveness of the Registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and(c) Disclosed in this report any change in the Registrant's internal control over financial reporting that occurred during the Registrant's most recent fiscal quarter (the Registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting; and5.

The Registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Registrants auditors and the audit committee of the Registrants board of directors (or persons performing the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Registrants internal control over financial reporting.
  
 Date: November 12, 2004
By:
/s/ John P. IparraguirreJohn P. IparraguirreChief Financial Officer
<PAGE>
EXHIBIT 10.30

December 31, 2002

Prism Software Corporation
23696 Birtcher Avenue
Lake Forest, California 92630

Dear Sirs:

Regarding the options granted to me in connection with my current employment
agreement, I cancel my rights to all but a maximum of 2,000,000 of those options
as of today, and to any additional such options that would otherwise be granted
to me in the future under this agreement. These remaining options shall remain
in effect on the terms and conditions (including expiration dates) originally
granted.

Please confirm that the foregoing is in accordance with your understanding by
signing below.

Thank you,

/s/ E. Ted Daniels
--------------------------
E. Ted Daniels

Agreed to and Accepted:

Prism Software Corporation

By: /s/ E. Ted Daniels
    -----------------------
    E. Ted Daniels
    President/CEO
<PAGE>
 
                                                                    Exhibit 23.1



                      CONSENT OF INDEPENDENT ACCOUNTANTS
                      ----------------------------------



We consent to the incorporation by reference in the Registration Statements of
Aerovox Incorporated on Form S-8 (File Nos. 33-35029, 33-35030, 33-35031, 33-
68940 and 33-86092, 33-03693 and 33-11615) of our reports dated February 13,
1998, except for Note 3 for which the dates are February 27, l998 and March 11,
l998, on our audits of the consolidated financial statements and the financial
statement schedule of Aerovox Incorporated as of December 27, 1997 and December
28, l996, and for the years ended December 27, 1997, December 28, 1996 and
December 30, 1995 which reports are included or incorporated by reference in
this Annual Report on Form 10-K.


                                          BY /S/ COOPERS & LYBRAND L.L.P.
                                          ------------------------------- 
                                          COOPERS & LYBRAND L.L.P.
                                           


Boston, Massachusetts
March 26, 1998
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.                  

###### Securities and Exchange Commission

          - [Release No. IA-6507]

# ADDRESSES:

                        The Commission:                         *Secretarys-Office@sec.gov.*

# FOR FURTHER INFORMATION CONTACT:

Asaf Barouk, Senior Counsel at 202-551-6999; SEC, Division of Investment Management, Office of Chief Counsel, 100 F Street NE, Washington, DC 20549-8549.

                            For the Commission, by the Division of Investment Management, pursuant to delegated authority.[2] 

Dated: December 18, 2023.

Sherry R. Haywood,

Assistant Secretary.

# Footnotes

1.                             Section 203A of the Act generally prohibits an investment adviser from registering with the Commission unless it meets certain requirements. See Advisers Act section 203A(a); 17 CFR 275.203A-2.                    
        Back to Citation      

2.                                     17 CFR 200.30-5(e)(2).                            
        Back to Citation      

[FR Doc. 2023-28212 Filed 12-21-23; 8:45 am]

BILLING CODE 8011-01-P
JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (First Chamber)

17 February 2009

Case F-38/08

**Amerigo Liotti**

**v**

**Commission of the European Communities**

(Civil service – Officials – Appraisal – Career development report – 2006 appraisal procedure – Appraisal rules applied by the reporting officers)

**Application:**brought under Articles 236 EC and 152 EA, in which Mr Liotti seeks annulment of his career development report for the period
from 1 January to 31 December 2006.

**Held:**The applicant’s career development report for the period from 1 January to 31 December 2006 is annulled. The Commission is
ordered to pay the costs.

**Summary**

*Officials – Reports procedure – Career development report – General implementing provisions establishing common appraisal
rules for each directorate-general*

*(Staff Regulations, Art. 43)*

The infringement, in drawing up an official’s career development report, of the general implementing provisions for Article
43 of the Staff Regulations adopted by the institution concerned, according to which common appraisal rules for each directorate-general
must be taken into account in order to make it easier to compare the merits of officials, to harmonise the merit marks suggested
by the reporting officers and to ensure consistent appraisal within a directorate-general, constitutes an infringement of
a substantive procedural requirement. Failure to apply those rules or to take them sufficiently into account thus renders
the official’s appraisal substantively flawed and justifies its annulment.

(see paras 46-47)
# C_2018399EN.01005201.xml

| 5.11.2018 | EN | Official Journal of the European Union | C 399/52 |
| --- | --- | --- | --- |

5.11.2018

EN

Official Journal of the European Union

C 399/52

---

Action brought on 17 September 2018 — XK v Commission

(Case T-543/18)

(2018/C 399/66)

Language of the case: French

Parties

Applicant: XK (represented by N. de Montigny, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | Declare and order that the individual decision to cease to grant reimbursement of the education costs connected with the applicant’s children as from the 2017/18 school year, put into effect for the first time via the applicant’s salary statement of November 2017, with reasons given in an email of 7 November 2017, is annulled; |
| --- | --- |

—

Declare and order that the individual decision to cease to grant reimbursement of the education costs connected with the applicant’s children as from the 2017/18 school year, put into effect for the first time via the applicant’s salary statement of November 2017, with reasons given in an email of 7 November 2017, is annulled;

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

—

Order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

| 1. | First plea in law, alleging infringement of Article 3(1) of Annex VII to the Staff Regulations of Officials of the European Union and of the general implementing provisions for the reimbursement of medical expenses, in so far as the defendant’s changed interpretation infringed acquired rights, legitimate expectations, legal certainty and the principle of sound administration. |
| --- | --- |

1.

First plea in law, alleging infringement of Article 3(1) of Annex VII to the Staff Regulations of Officials of the European Union and of the general implementing provisions for the reimbursement of medical expenses, in so far as the defendant’s changed interpretation infringed acquired rights, legitimate expectations, legal certainty and the principle of sound administration.

| 2. | Second plea in law, alleging infringement of the rights of the child, the right to family life and the right to education. |
| --- | --- |

2.

Second plea in law, alleging infringement of the rights of the child, the right to family life and the right to education.

| 3. | Third plea in law, alleging infringement of the principles of equal treatment and non-discrimination. |
| --- | --- |

3.

Third plea in law, alleging infringement of the principles of equal treatment and non-discrimination.

| 4. | Fourth plea in law, alleging failure effectively to weigh up interests and failure to comply with the principle of proportionality, by which the contested decision is vitiated. |
| --- | --- |

4.

Fourth plea in law, alleging failure effectively to weigh up interests and failure to comply with the principle of proportionality, by which the contested decision is vitiated.

---
Exhibit 32          CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                         AND PRINCIPAL FINANCIAL OFFCIER
            PURSUANT TO 18 U.S.C. Section 1350 ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the quarterly Report of TheraBiogen, Inc.
(the "Company") on Form 10-Q for the period ended September 30, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), we, Kelly T. Hickel, Chief Executive Officer and Robert
Hipple, Manager of CF Consulting, LLC, principal financial officer,
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.

December 5, 2008

/s/ Kelly T. Hickel
--------------------------------------
Kelly T. Hickel
Chief Executive Officer

/s/ Robert Hipple
--------------------------------------
Robert Hipple, Manager
CF Consulting, LLC
Principal Financial Officer
# C_2011038EN.01001101.xml

| 5.2.2011 | EN | Official Journal of the European Union | C 38/11 |
| --- | --- | --- | --- |

5.2.2011

EN

Official Journal of the European Union

C 38/11

---

Judgment of the General Court of 15 December 2010 — CEAHR v Commission

(Case T-427/08) (1)

1

(Agreements, decisions and concerted practices - Abuse of dominant position - Decision rejecting a complaint - Refusal of Swiss watch producers to supply spare parts to independent watch repairers - Community interest - Relevant market - Primary market and after market - Duty to give reasons - Manifest error of assessment)

2011/C 38/16

Language of the case: English

Parties

Parties

Applicant: Confédération européenne des associations d’horlogers-réparateurs (CEAHR) (Brussels, Belgium) (represented by: P. Mathijsen, lawyer)

Applicant:

Defendant: European Commission (represented by: X. Lewis and F. Ronkes Agerbeek, and subsequently by F. Ronkes Agerbeek and F. Castilla Contreras, Agents)

Defendant:

Intervener in support of the defendant: Richemont International SA (Bellevue, Switzerland) (represented by J. Ysewyn, lawyer, and H. Crossley, Solicitor)

Intervener in support of the defendant:

Re:

Re:

Annulment of Commission Decision C(2008) 3600 of 10 July 2008 rejecting the complaint lodged by the applicant in Case COMP/E-l/39097

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision C(2008) 3600 of 10 July 2008 in Case COMP/E-1/39097; |
| --- | --- |

1.

Annuls Commission Decision C(2008) 3600 of 10 July 2008 in Case COMP/E-1/39097;

| 2. | Orders Richemont International SA to pay, in addition to its own costs, those incurred by the Confédération européenne des associations d’horlogers-réparateurs (CEAHR) as a result of the intervention; |
| --- | --- |

2.

Orders Richemont International SA to pay, in addition to its own costs, those incurred by the Confédération européenne des associations d’horlogers-réparateurs (CEAHR) as a result of the intervention;

| 3. | Orders the European Commission to pay, in addition to its own costs, the remainder of those incurred by the CEAHR. |
| --- | --- |

3.

Orders the European Commission to pay, in addition to its own costs, the remainder of those incurred by the CEAHR.

---

(1)  OJ C 313, 6.12.2008.

1

---
EXHIBIT 32.1

# CERTIFICATION OF
PERIODIC FINANCIAL REPORTS

Solely for the purposes of complying
with Section 906 of the Sarbanes-Oxley Act of 2002, we, William D. Gehl, Chairman of the
Board of Directors and Chief Executive Officer, and Thomas M. Rettler, Vice President and
Chief Financial Officer, of Gehl Company, certify, based on our knowledge, that:

| | (1) | the
Annual Report on Form 10-K for the year ended December 31, 2007 (the           Annual
Report) to which this statement is an exhibit fully complies           with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act           of 1934
(15 U.S.C. 78m or 78o(d)); and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | (2) | information
contained in the Annual Report fairly presents, in all material           respects, the
financial condition and results of operations of Gehl Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 7, 2008

| | /s/ William D. Gehl  
| | ---------------------
| | William D. Gehl      
| | /s/ Thomas M. Rettler
| | Thomas M. Rettler