alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010179EN.01005703.xml

| 3.7.2010 | EN | Official Journal of the European Union | C 179/57 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

C 179/57

---

Order of the General Court of 11 May 2010 — Polson and Others v Commission

(Case T-197/08) (1)

(2010/C 179/99)

Language of the case: English

The President of the Third Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 209, 15.8.2008.

---
**Judgment of the Court (Sixth Chamber) of 19 May 2009 – Commission v Greece**

**(Case C‐368/08)**

Failure of a Member State to fulfil obligations – Directive 2004/35/EC – Remedying of environmental damage – ‘Polluter pays’ principle

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. 9)

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, the Hellenic Republic has failed to fulfil its obligations under Article 19(1) of that directive; |

| | | |
| --- | --- | --- |
| 2. | | Orders the Hellenic Republic to pay the costs. |
NO. 07-09 -016 9-CV IN THE CO URT OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL B JU NE 5, 2009

_________

_________

_________

___ In re BAR RY

D W AY NE M IN NF EE,

Rel ator

_________

_________

_________

______ ON ORIGINAL PROCEEDING FOR W RIT OF M

ANDAM US

_________

_________

_________

____ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Pendi ng before thi s c our t i s t he appl ic ati on of Bar ry D w ay ne M inn fee fo r a w ri t of mandamus. H e req uest s t hat we compel the “c our t t o respon d to further moti on for re hear ing ” conc er nin g hi s req uestfor D NA tes ti ng . W e deny

the app lic ati on for the re a s o n s t h a tfo ll o w. First, rules of

proced ure ob lig ate one seeking ma nda mu s relief to accom pan y

his peti ti on w it h a n a p p endi x . T EX . R. A PP . P. 52.3( j)

. The la tter

musti ncl ude, among othe r things, a certif ied or sw orn cop y of the do cum entshowi ng the m atte r comp lained o f

. In this cas e, t he doc ument s how ing the matter co m p la in e d o f w oul d be the mot ion req uest ing further rehear ing from t he tr ial co urt. This M inn fee fail ed to do. Se co nd, M inn fee did dis cl ose in his appl ic ati on for w ri t of mandamus thathe h as f iled several prior mo tions fo r rehe aring and tha t the y had bee n “ov erruled. ” W het her tho se2

moti ons w ere mere rei terati ons of that a t i ss ue here i s u nknow n for they too w ere not include d in an a ppe ndix. N one the less, he cites us to no thing t h a ts u gge sts, mu ch less requires, a trial cou rt to a ct upo n repe titious mo tions tha t are akin to mot ions for new trial. W ith regard to the la tter, the y a re co nside red overruled by op eratio n of la w if n o action is tak en upon them w it hin 75 d ay s o f the da te t h e f inal order w as si g ned. T EX . R. C IV . P. 329 b(c). Giv en th at a m otion for rehea ring w hich at tem pts to alter a f inal orde r is mu ch like o n e fo r n e w t r i a l , see Ed wards

Li fes ci ences, L. L.C . v

. C ovena nt Health S

ys tem s, 205 S.W .3d 6 87, 6 90 (T e x. Ap p .–Amar il lo 2006, no pet .) ( sta ti ng thatthe subs tanc e of the moti on cont ro ls as oppos ed to i ts lab el) , we s ee no re ason to t re at t hem di fferentl y here. So, g iv en tha tt h e a l l e g a t i o n s i n a n d t h e fi l e - ma r ko n M i n n fe e ’ s a p p l i c a t i o n fo r w r i tl e a ds us to c oncl ude t hat 1 ) more than 75 days h as lap sed from the date upon w hic h the tr ial cour t ent ered it s f in a l order and 2) the tr ial co urt has y et t o act on the mot ion , i t c an and s h o u ld b e co n s id e re d a s o ve rr u le d b y o p e ra t io n o f la w. Accordin gly , the app lication fo r w rit of ma nda mu s pen ding before this courtis deni ed.

Per C ur iam
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# C_2012109EN.01000902.xml

| 14.4.2012 | EN | Official Journal of the European Union | C 109/9 |
| --- | --- | --- | --- |

14.4.2012

EN

Official Journal of the European Union

C 109/9

---

Judgment of the General Court of 28 February 2012 — Grazer Wechselseitige Versicherung v Commission

(Case T-282/08) (1)

1

(State aid - Aid granted by the Austrian authorities to the Grazer Wechselseitige group (GRAWE) in connection with the privatisation of Bank Burgenland - Decision declaring the aid to be incompatible with the common market and ordering its recovery - Private investor in a market economy test - Application where the State acts as vendor - Determination of the market price)

2012/C 109/20

Language of the case: German

Parties

Parties

Applicant: Grazer Wechselseitige Versicherung AG (Graz, Austria) (represented by: H. Wollmann, lawyer)

Applicant:

Defendant: European Commission (represented by: initially V. Kreuschitz, N. Khan and K. Gross and subsequently V. Kreuschitz, N. Khan and T. Maxian Rusche, Agents)

Defendant:

Re:

Re:

Application for annulment of Commission Decision 2008/719/EC of 30 April 2008 on State aid C 56/06 (ex NN 77/06) implemented by Austria for the privatisation of Bank Burgenland (OJ 2008 L 239, p. 32).

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Grazer Wechselseitige Versicherung AG to pay the costs. |
| --- | --- |

2.

Orders Grazer Wechselseitige Versicherung AG to pay the costs.

---

(1)  OJ C 247, 27.9.2008.

1

---
# C_2008079EN.01002202.xml

| 29.3.2008 | EN | Official Journal of the European Union | C 79/22 |
| --- | --- | --- | --- |

29.3.2008

EN

Official Journal of the European Union

C 79/22

---

Action brought on 25 January 2008 — Commission of the European Communities v Italian Republic

(Case C-30/08)

(2008/C 79/38)

Language of the case: Italian

Parties

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

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

| — | declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/78/EC of 14 November 2005 (1) implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (2) and amending Annexes I, II, III, IV and VI thereto, and, in any event, by failing to communicate such provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 3 of that directive; |
| --- | --- |

—

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/78/EC of 14 November 2005 (1) implementing Directive 2005/55/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (2) and amending Annexes I, II, III, IV and VI thereto, and, in any event, by failing to communicate such provisions to the Commission, the Italian Republic has failed to fulfil its obligations under Article 3 of that directive;

1

2

| — | order the Italian Republic to pay the costs. |
| --- | --- |

—

order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of Directive 2005/78/EC expired on 8 November 2006.

---

(1)  OJ L 313 of 29.11.2005, p. 1.

1

(2)  OJ L 275 of 20.10.2005, p. 1.

2

---
* Circuit Judge of the Ninth Circuit, sitting by designation. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 00-60217

MICHAEL A. OGDEN Petitioner-Appellant,

versus COMMISSIONER OF INTERNAL REVENUE,

Respondent-Appellee.

No. 00-60220

MICHAEL A. OGDEN; COLLEEN OGDEN,

Petitioners-Appellants,

versus COMMISSIONER OF INTERNAL REVENUE,

Respondent-Appellee.
Appeals from a Decision of the United States Tax Court

March 20, 2001 Before: FARRIS * , JOLLY, and DAVIS, Circuit Judges. PER CURIAM:2 On April 26, 2000, the court granted the parties' joint motion to consolidate appeals. 2 Michael A. Ogden and Colleen Ogden appeal the decision of the tax court denying their petitions for redetermination of federal taxes and imposing an accuracy-related penalty. 2 We have jurisdiction pursuant to 26 U.S.C. § 7482(a), and we affirm. We review for clear error the tax court's profit motive inquiry, see Westbrook v. Commissioner, 68 F.3d 868, 876 (5th Cir. 1995), and determination of negligence for an accuracy-related penalty, see id . at 880. Clear error exists when this court is left with the definite and firm conviction that a mistake has been made. See Chamberlain v. Commissioner , 66 F.3d 729, 732 (5th Cir. 1995). We have carefully reviewed the record following skillful and persuasive oral argument by counsel for the petitioner . We agree that the tax court was not compelled to enter the findings that it made. Our review, however, is to determine whether these findings are supported by the record. They are. There is, on this record, no basis for a firm conviction that an error has been made. The record supports the finding that the Ogdens' objective was not profit but to purchase household goods and make financial deductions to offset their wage income. We therefore affirm the tax court's determination of tax liability. See3

Westbrook , 68 F.3d at 875-76. Contrary to the Ogdens' contention, evidence of profit is not determinative of whether a profit motive exists. See id . at 876 (no single tax regulation factor, nor the existence of a majority of factors, is determinative of whether a profit motive exists). There is overwhelming evidence in the record that, if believed, supports a conclusion that the Ogdens maintained their Amway activity for deductions, personal pleasure and to offset wages. The tax court did not abuse its discretion in denying the motion for reconsideration. See id

. The record supports the finding that the Ogdens failed to comply with provisions of the Internal Revenue laws, failed to exercise due care by continuing with an unprofitable endeavor, and maintained unbusinesslike records. We affirm the tax court's imposition of an accuracy-related penalty. See Westbrook , 68 F.3d at 880-81. AFFIRMED.
# Burk €

Travel , Inc

. R0B„,nii9 5 71 9 Stat e Avenu e P.O

. Bo x17119 5 Kansas City , K

S 66117-019 5 i:9m^21-130 6 • 800-328-348 8 • Fax(913 ) 621-073 2 —i~ t Marc h 1^,2171 0 —v - - , - -- - _ ^ Th e Honorabl e RayLaHoo d r ] Secretary" -, ; Unite d State s Departmen to fTransportatio n -^c g 120 0 Ne wJerse yAvenue , S E g> Washington , D.C

. 2059 0

. 1 g Subject : Haned a Combinatio n Service s Allocatio n Proceedin g DOT-OST-2010-001 8 Dea rSecretaryLaHood : A s a dedicate d trave l partne ro fAmerica n Airlines , I a m writin g i n suppor t o f American' s applicatio n t o provid e ne wservic e fro m Ne wYork' s Joh n F

. Kenned y Internationa l Airpor tan d Lo s Angele s Internationa l Airportt o Toky o Internationa l AirportatHaneda

. I recogniz e an d applau d you an d th e Obam a administratio n fo ryou rsucces s las t Decembe ri n reachin g a landmar k Ope n Skie s agreemen twit h Japan , whic h open s u p Haned a t o servic e b yU.S

. airtines

. I encourag e you rselectio n o fAmerica n Airline s t o provid e nonsto p servic e fro m Ne w Yor k an d Lo s Angele s t o Haned a i n orde rt o provid e a n essentia l connectio n betwee n thre e o fth e world' s larges tfinancia l an d commerc e centers

. Recen tevents , includin g th e successfu l preservatio n o fJapa n Airlines ' oneworl d Allianc e membership , hav e underscore d American' s stron g commitmen tt o th e trans
Pacifi cmarket

. America n i s likewis e committe d t o Ne wYor k an d Lo s Angele s - bot h vita l foca l point s o fbusiness , trade , entertainment , technolog yan d educatio n - providin g unsurpasse d ai rservic e sinc e th e mid-1900 s Bot h th e Ne wYor k

an d Lo s Angele s metr o area s wil l gai n significan teconomi c benefit s fro m thes e propose d ne wflights , a s wil l American' s customer s an d employees

. However , w e nee d you rhel p t o mak e th e JF K& LAX/Haned a connectio n a reality

. Therefore , I strongl yurg e you t o sa yye s t o America n Airline s an d it s reques tfo rslot s t o fl yfro m Kenned yan d Lo s Angele s t o Haneda ! Sincerely, ^

surk e Burk e Travel , Inc

.

www.burketravel.co m •info@burketravel.con n
# C_2012184EN.01001902.xml

| 23.6.2012 | EN | Official Journal of the European Union | C 184/19 |
| --- | --- | --- | --- |

23.6.2012

EN

Official Journal of the European Union

C 184/19

---

Order of the General Court of 27 April 2012 — Commission v Smadja

(Case T-513/08 P) (1)

1

2012/C 184/35

Language of the case: French

The President of the Appeal Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 44, 21.2.2009.

1

---
# C_2011046EN.01000902.xml

| 12.2.2011 | EN | Official Journal of the European Union | C 46/9 |
| --- | --- | --- | --- |

12.2.2011

EN

Official Journal of the European Union

C 46/9

---

Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & v OHIM (Shape of a chocolate rabbit with a red ribbon)

(Case T-336/08) (1)

1

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate rabbit with a red ribbon - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))

2011/C 46/14

Language of the case: German

Parties

Parties

Applicant: Chocoladefabriken Lindt & (Kilchberg, Switzerland) (represented by: R. Lange, E. Schalast and G. Hild, lawyers)

Applicant:

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

Defendant:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2008 (Case R 1332/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs. |
| --- | --- |

2.

Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.

---

(1)  OJ C 260, 11.10.2008.

1

---
Amendment No. 1 to the Reptron Electronics, Inc. Stock Option Plan



 Amendment No. 1 to Reptron Electronics, Inc. Stock Option Plan 
  
 Effective as of November 9, 2004, the Board of Directors amended Section 3.3
of the Reptron Electronics, Inc. Stock Option Plan to read as follows: 
  
 3.3 Calculation of Exercise Price. The exercise price to be paid for each share of Common Stock deliverable upon exercise of each Option granted under this Article III shall be equal to the FMV Per Share price on the date of the
grant of such Option or such other price per share as shall be determined by the Compensation Committee in the exercise of its sole discretion. The exercise price for each Option granted under Article III shall be subject to adjustment as provided
in Section 3.4(e).
# C_2008223EN.01006301.xml

| 30.8.2008 | EN | Official Journal of the European Union | C 223/63 |
| --- | --- | --- | --- |

30.8.2008

EN

Official Journal of the European Union

C 223/63

---

Action brought on 25 June 2008 — Z v Commission

(Case F-60/08)

(2008/C 223/120)

Language of the case: French

Parties

Applicant: Z (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N Louis, E. Marchal)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Subject-matter and description of the proceedings

Annulment of the Commission decision to apply to the applicant, following to the opinion of the Invalidity Committee, the proviso laid down in Article 100 of the CEOS.

Form of order sought

| — | annul the Commission decision of 7 September 2007 fixing the conditions of employment of the applicant as a member of the contract staff for auxiliary tasks in so far as they provide for the application of the proviso laid down in Article 100 of the CEOS; |
| --- | --- |

—

annul the Commission decision of 7 September 2007 fixing the conditions of employment of the applicant as a member of the contract staff for auxiliary tasks in so far as they provide for the application of the proviso laid down in Article 100 of the CEOS;

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

—

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

---
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          18,129
<SECURITIES>                                         0
<RECEIVABLES>                                   46,188
<ALLOWANCES>                                         0
<INVENTORY>                                      7,791
<CURRENT-ASSETS>                                80,320
<PP&E>                                          62,419
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 150,664
<CURRENT-LIABILITIES>                        2,916,536
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,268
<COMMON>                                       601,233
<OTHER-SE>                                 (3,403,722)
<TOTAL-LIABILITY-AND-EQUITY>                   150,664
<SALES>                                        650,252
<TOTAL-REVENUES>                               650,252
<CGS>                                           42,902
<TOTAL-COSTS>                                1,837,515
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             142,540
<INCOME-PRETAX>                            (1,329,803)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,329,803)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,329,803)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                   (0.02)


</TABLE>
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4446 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 636
115th CONGRESS
  2d Session
                                H. R. 4446

                          [Report No. 115-822]

To amend the Virgin Islands of the United States Centennial Commission 
  Act to extend the expiration date of the Commission, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2017

 Ms. Plaskett introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                             July 16, 2018

  Additional sponsors: Mr. Sablan, Mr. Payne, Ms. Lee, Ms. Meng, Ms. 
Norton, Mr. Carson of Indiana, Mr. Grothman, Mr. Welch, Mr. Raskin, Mr. 
    MacArthur, Mrs. Carolyn B. Maloney of New York, and Mr. Connolly

                             July 16, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           November 16, 2017]

_______________________________________________________________________

                                 A BILL

 
To amend the Virgin Islands of the United States Centennial Commission 
  Act to extend the expiration date of the Commission, and for other 
                               purposes.

 

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

SEC. 1. AMENDMENT.

    The Virgin Islands of the United States Centennial Commission Act 
(Public Law 114-224) is amended--
            (1) in section 7(b), by striking ``January 31, 2018'' and 
        inserting ``January 31, 2019''; and
            (2) in section 10, by striking ``September 30, 2018'' and 
        inserting ``September 30, 2019''.
                                                 Union Calendar No. 636

115th CONGRESS

  2d Session

                               H. R. 4446

                          [Report No. 115-822]

_______________________________________________________________________

                                 A BILL

To amend the Virgin Islands of the United States Centennial Commission 
  Act to extend the expiration date of the Commission, and for other 
                               purposes.

_______________________________________________________________________

                             July 16, 2018

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```