alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010051EN.01003201.xml

| 27.2.2010 | EN | Official Journal of the European Union | C 51/32 |
| --- | --- | --- | --- |

27.2.2010

EN

Official Journal of the European Union

C 51/32

---

Order of the Court of First Instance of 22 December 2009 — Associazione Giùlemanidallajuve v Commission

(Case T-254/08) (1)

1

(Alleged infringements of Articles 81 EC and 82 EC - Complaint - Application for a declaration of failure to act - Adoption of a position by the Commission bringing the failure to act to an end - No need to adjudicate)

2010/C 51/61

Language of the case: French

Parties

Parties

Applicant: Associazione Giùlemanidallajuve (Cerignola, Italy) (represented by: L. Mission, A. Kettels, G. Ernes and A. Pel, lawyers)

Applicant:

Defendant: European Commission (represented by: A. Bouquet, Agent)

Defendant:

Re:

Re:

Application seeking a declaration, under Article 232 EC, that the Commission unlawfully abstained from adopting a position on the applicant’s complaint, concerning infringements of Articles 81 EC and 82 EC allegedly committed by the Federazione Italiana Giuoco Calcio (FIGC), the Comitato Olimpico Nazionale Italiano (CONI), the Union of European Football Associations (UEFA) and the International Federation of Association Football (FIFA).

Operative part of the order

Operative part of the order

| 1. | There is no further need to adjudicate on the action. |
| --- | --- |

1.

There is no further need to adjudicate on the action.

| 2. | The Associazione Giùlemanidallajuve and the European Commission shall bear their own costs. |
| --- | --- |

2.

The Associazione Giùlemanidallajuve and the European Commission shall bear their own costs.

---

(1)  OJ C 223, 30.8.2008.

1

---
|   | 1. | The      Annual Report of SQM on Form 20-F for the fiscal year ended December 31,      2009, as filed with the Securities and Exchange Commission, 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 such Annual Report on Form 20-F fairly presents,      in all material respects, the financial condition and results of      operations of SQM. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Patricio Contesse G.                       |
|------------------------------------------------|
| Name:  Patricio      Contesse G.     |
| Title:  Chief      Executive Officer |
| Date:      June 30, 2010                       |

----
19209

#### Pelletier v. Reinwald

Affirmed
```

[Federal Register: January 25, 2010 (Volume 75, Number 15)]
[Notices]               
[Page 3953-3954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ja10-96]                         

-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 6886]

 
Waiver of Restriction on Assistance to the Central Government of 
Egypt

    Pursuant to section 7086(c)(2) of the Department of State, Foreign

[[Page 3954]]

Operations, and Related Programs Appropriation Act, 2010 (Division F, 
Pub. L. 111-117) (``the Act''), and Department of State Delegation of 
Authority Number 245-1, I hereby determine that it is important to the 
national interest of the United States to waive the requirements of 
section 7086(c)(1) of the Act with respect to the Government of Egypt, 
and I hereby waive such restriction.
    This determination shall be reported to Congress, and published in 
the Federal Register.

    Dated: January 11, 2010.
Jacob J. Lew,
Deputy Secretary of State for Management and Resources.
[FR Doc. 2010-1351 Filed 1-22-10; 8:45 am]
BILLING CODE 4710-31-P
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Disease Control and Prevention

# FOR FURTHER INFORMATION CONTACT:

                        Aisha L. Wilkes, M.P.H., Scientific Review Officer, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 4770 Buford Highway NE, Mailstop S106-9, Atlanta, Georgia 30341. Telephone: (404) 639-6473; Email:                         *AWilkes@cdc.gov.*

                        The Director, Office of Strategic Business Initiatives, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Kalwant Smagh,

Director, Office of Strategic Business Initiatives, Office of the Chief Operating Officer, Centers for Disease Control and Prevention.

[FR Doc. 2023-28614 Filed 12-27-23; 8:45 am]

BILLING CODE 4163-18-P
# C_2008301EN.01005102.xml

| 22.11.2008 | EN | Official Journal of the European Union | C 301/51 |
| --- | --- | --- | --- |

22.11.2008

EN

Official Journal of the European Union

C 301/51

---

Action brought on 22 September 2008 — Enercon v OHIM — BP (ENERCON)

(Case T-400/08)

(2008/C 301/87)

Language in which the application was lodged: English

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: BP plc (London, United Kingdom)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2008 in case R 957/2006-4, insofar as it dismisses the appeal lodged by the applicant against the decision of the Opposition Division of 26 May 2006 ruling on opposition number B 760 605; and |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2008 in case R 957/2006-4, insofar as it dismisses the appeal lodged by the applicant against the decision of the Opposition Division of 26 May 2006 ruling on opposition number B 760 605; and

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

—

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Community trade mark concerned: The word mark ‘ENERCON’ for goods in classes 1, 2 and 4

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: Community trade mark registration No 137 828 of the word mark ‘ENERGOL’ for goods in classes 1 and 4

Mark or sign cited:

Decision of the Opposition Division: Upheld the opposition except for the goods that were found dissimilar

Decision of the Opposition Division:

Decision of the Board of Appeal: Rejected the appeal for the goods that were found dissimilar and dismissed the appeal for the remainder

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the conflicting trade marks.

Pleas in law:

---
# C_2008247EN.01001301.xml

| 27.9.2008 | EN | Official Journal of the European Union | C 247/13 |
| --- | --- | --- | --- |

27.9.2008

EN

Official Journal of the European Union

C 247/13

---

Appeal brought on 9 July 2008 by Petrus Kerstens against the judgment of the Civil Service Tribunal delivered on 8 May 2008 in Case F-119/06, Kerstens v Commission

(Case T-266/08 P)

(2008/C 247/25)

Language of the case: French

Parties

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by C. Mourato, lawyer)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought by the appellant

| — | Annul the contested judgment; |
| --- | --- |

—

Annul the contested judgment;

| — | refer the case back to the European Union Civil Service Tribunal; |
| --- | --- |

—

refer the case back to the European Union Civil Service Tribunal;

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

Pleas in law and main arguments

By this appeal the appellant seeks the annulment of the judgment of the Civil Service Tribunal (the Tribunal) of 8 May 2008 in Case F-119/06 Kerstens v Commission dismissing the appellant's action seeking (i) annulment of the decision of 8 December 2005 of the Board of the Office for Administration and Payment of Individual Entitlements altering the organisation chart of that office, inasmuch as that decision had the effect of reassigning the appellant, then Head of the ‘Resources’ unit, to a research position and (ii) damages in compensation for the damage allegedly suffered.

Kerstens

Commission

In support of his action, a ground of appeal relied on by the appellant is that the Tribunal distorted the clear sense of the facts and the evidence and committed an error of law in applying Article 7 of the Staff Regulations and the regulations on disciplinary measures and misuse of powers in that the Tribunal concluded that there was no infringement of Article 7 on the basis of inaccurate findings of fact.

The appellant further claims that the Tribunal did not provide an adequate statement of reasons in the contested judgment in respect of the assessment made by the Office for Administration and Payment of Individual Entitlements of the interests of the service and in respect of the creation of an additional research department in the light of the Office's chronic shortage of staff.

Thirdly, the appellant considers that his rights of defence were infringed, inasmuch as the reasoning of the Tribunal on several points was based on the appellant's career development report for the period from 1 January to 31 December 2006, lodged for the first time by the Commission at the hearing, and the appellant had no opportunity to express his point of view in relation to that reasoning.

---
# C_2008116EN.01003302.xml

| 9.5.2008 | EN | Official Journal of the European Union | C 116/33 |
| --- | --- | --- | --- |

9.5.2008

EN

Official Journal of the European Union

C 116/33

---

Action brought on 22 February 2008 — Miguelez Herreras v Commission

(Case F-22/08)

(2008/C 116/63)

Language of the case: French

Parties

Applicant: Benedicta Miguelez Herreras (Brussels, Belgium) (represented by: M. van der Woude, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

The subject-matter and description of the proceedings

Annulment of the decision of 17 April 2007 in so far as it awards the applicant no additional priority points and therefore upholds the award of two priority points and a total of 23 points in the 2003 Promotion procedure, and an order that the defendant pay compensation.

Form of order sought

| — | Annul the decision of 17 April 2007 in so far as it awards the applicant no additional priority points and therefore upholds the award of two priority points and a total of 23 points in the 2003 Promotion procedure; |
| --- | --- |

—

Annul the decision of 17 April 2007 in so far as it awards the applicant no additional priority points and therefore upholds the award of two priority points and a total of 23 points in the 2003 Promotion procedure;

| — | order the defendant to pay compensation of EUR 5 000; |
| --- | --- |

—

order the defendant to pay compensation of EUR 5 000;

| — | order the Commission of the European Communities to pay the costs. |
| --- | --- |

—

order the Commission of the European Communities to pay the costs.

---
Certificate of Trust of BAC Capital Trust IX



 Exhibit 4.3 
  

CERTIFICATE OF TRUST 
  
 The undersigned, the trustees of BAC Capital Trust IX, desiring to form a statutory trust pursuant to Delaware Statutory Trust Act, 12 Del.
C. § 3810, hereby certify as follows: 
  

	 	(a)	The name of the statutory trust being formed hereby (the “Trust”) is “BAC Capital Trust IX.” 

  

	 	(b)	The name and business address of the trustee of the Trust which has its principal place of business in the State of Delaware is as follows: 

  
 The Bank of New York (Delaware) 
 502 White Clay Center, Route 273 
 Newark,
Delaware 19711 
  

	 	(c)	This Certificate of Trust shall be effective as of the date of filing. 

  
 Dated: March 30, 2005 
  

	
	
	 /S/ JAMES T. HOUGHTON

	 Name:   James T. Houghton

	 Title: Regular Trustee

	
	 /S/ KAREN A. GOSNELL

	 Name:   Karen A. Gosnell

	 Title: Regular Trustee



  

			
	 THE BANK OF NEW YORK
 (DELAWARE), as Delaware
Trustee

		
	By:	 	 /s/ KRISTINE K. GULLO

	 Name:
	 	 Kristine K. Gullo

	 Title:
	 	 Assistant Vice President
### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-50639 Summary Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. ALBERTO MORENO, also known as Viejo, Defendant-Appellant

A ppeal from the United States District Court for the Western District of Texas USDC No. 6:11-CR-189-5
Before JOLLY, SMITH, AND CLEMENT, Circuit Judges. PER CURIAM: * Alberto Moreno appeals his convictions following a jury trial o f c o nspiring to possess with intent to distribute 10 0 0 kilograms or m ore o f m arijuana and conspiring to commit money laundering. Moreno fails to show t hat his right to an impartial jury d rawn from a fair cross-section of the c ommunity was violated; he cites only the composition of the randomly chosen ven i r e at his own trial and does not a ttempt t o show a systematic exclusion of minorities from o ther venires over time in the W estern U n i t e d S t a te s C o u rt o f A p p e al s

F i f t h C i rc u i t 

### F I L E D Septem ber 13, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R
. R

. 47. 5, the court has d eterm ined that this op inion should not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R
. R. 47. 5. 4. Case: 12-50639 Document: 00512372802 Page: 1 Date Filed: 09/13/2013No. 12-50639

District of Texas’s jury selection process. See Duren v. Missouri , 439 U.S. 357, 364 (1979); United States v . Williams , 264 F

. 3 d 5 6 1 , 5 68 (5th Cir. 2001). Likewise, w hile he claims that the district court abused i ts d iscretion by limiting his Co n f r o n t a t i o n C l a u s e r i gh t s t o cross-examine Government w itnesses, he f ails to cite a ny evidence showing that he was clearly prejudiced by the limitations of which he complains. See United States v. Landerman , 109 F. 3d 1053, 1061 (5th Cir. 1997). Finally, Moreno does n o t i d e n tify with specificity any instance in

w hich the district court r efused t o admit into evidence the criminal co n v i c t i o n of any Government witness. See F E D
. R. E V I D
. 609. AFFIRMED.

2 Case: 12-50639 Document: 00512372802 Page: 2 Date Filed: 09/13/2013
# C_2010301EN.01003001.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/30 |
| --- | --- | --- | --- |

6.11.2010

EN

Official Journal of the European Union

C 301/30

---

Order of the General Court of 7 September 2010 — Etimine and Etiproducts v Commission

(Case T-539/08) (1)

1

(Actions for annulment - Environment and protection of human health - Classification, packaging and labelling of certain borates as dangerous substances - Directive 2008/58/EC - Directive 67/548/EEC - Regulation (EC) No 790/2009 - Regulation (EC) No 1272/2008 - Amendment of form of order sought - Temporal application of the fourth paragraph of Article 263 TFEU - No individual concern - Inadmissibility)

2010/C 301/50

Language of the case: English

Parties

Parties

Applicants: Etimine SA (Bettembourg, Luxembourg), and Ab Etiproducts Oy, (Espoo, Finland) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Applicants:

Defendant: European Commission (represented by: P. Oliver and D. Kukovec, Agents)

Defendant:

Intervener in support of the applicants: Borax Europe Ltd (London, United Kingdom) (represented by: K. Nordlander, lawyer, and S. Kinsella, Solicitor)

Intervener in support of the applicants:

Intervener in support of the defendant: Kingdom of Denmark (represented by B. Weis Fogh, Agent)

Intervener in support of the defendant:

Re:

Re:

Application for the partial annulment of Commission Directive 2008/58/EC of 21 August 2008 amending, for the purpose of its adaptation to technical progress, for the 30th time, Council Directive 67/548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 2008 L 246, p. 1) and of Commission Regulation (EC) No 790/2009 of 10 August 2009 amending, for the purposes of its adaptation to technical and scientific progress, Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (OJ 2009 L 235, p. 1), in so far as they amend the classification of certain borates

Operative part of the order

Operative part of the order

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

1.

The application is dismissed as inadmissible.

| 2. | Etimine SA and Ab Etiproducts Oy are to bear their own costs and to pay the costs of the European Commission. |
| --- | --- |

2.

Etimine SA and Ab Etiproducts Oy are to bear their own costs and to pay the costs of the European Commission.

| 3. | The Kingdom of Denmark and Borax Europe Ltd are to bear their own costs. |
| --- | --- |

3.

The Kingdom of Denmark and Borax Europe Ltd are to bear their own costs.

---

(1)  OJ C 44, 21.2.2009.

1

---
Exhibit 31.1

CERTIFICATIONS



|I, Anthony Nicolosi, certify that:
|----------------------------------
|                                  
|1.                                
|                                  
|2.                                
|                                  
|3.                                
|                                  
|4.                                
|                                  
|                                  
|                                  
|                                  
|                                  
|                                  
|                                  
|                                  
|                                  
|5.                                
|                                  
|                                  
|                                  
|                                  



|Date: August 14, 2012 |                                          
|--------------------- | -----------------------------------------
|                      |                                          
|                      | /s/ Anthony Nicolosi                     
|                      | Anthony Nicolosi, Chief Executive Officer







---
# C_2009267EN.01006202.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/62 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/62

---

Judgment of the Court of First Instance of 23 September 2009 — Evets v OHIM (DANELECTRO and QWIK TUNE)

(Joined Cases T-20/08 and T-21/08) (1)

1

(Community trade mark - Community word mark DANELECTRO and Community figurative mark QWIK TUNE - Failure to observe the time-limit for submitting a request for renewal of the trade marks - Application for restitutio in integrum - Reformatio in pejus - Rights of the defence - Right to be heard - Article 61(2), second sentence of Article 73, and Article 78 of Regulation (EC) No 40/94 (now Article 63(2), second sentence of Article 75, and Article 81 of Regulation (EC) No 207/2009)

2009/C 267/110

Language of the case: English

Parties

Parties

Applicant: Evets Corp. (Irvine, California, United States) (represented by: S. Ryan, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Defendant:

Re:

Re:

Action brought against two decisions of the Fourth Board of Appeal of OHIM of 5 November 2007 (Cases R 603/2007-4 and R 604/2007-4), relating to an application for restitutio in integrum made by the applicant.

restitutio in integrum

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the actions; |
| --- | --- |

1.

Dismisses the actions;

| 2. | Orders Evets Corp. to pay the costs. |
| --- | --- |

2.

Orders Evets Corp. to pay the costs.

---

(1)  OJ C 64, 8.3.2008.

1

---