alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010221EN.01001001.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/10 |
| --- | --- | --- | --- |

14.8.2010

EN

Official Journal of the European Union

C 221/10

---

Judgment of the Court (Fourth Chamber) of 24 June 2010 — Barbara Becker v Harman International Industries, Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-51/09 P) (1)

1

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark Barbara Becker - Opposition by the proprietor of the Community word marks BECKER and BECKER ONLINE PRO - Assessment of the likelihood of confusion - Assessment of the conceptual similarity of the signs)

2010/C 221/15

Language of the case: English

Parties

Parties

Appellant: Barbara Becker (represented by: P. Baronikians, Rechtsanwalt)

Appellant:

Other parties to the proceedings: Harman International Industries, Inc. (represented by: M. Vanhegan, Barrister), Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Other parties to the proceedings:

Re:

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker), in which the Court of First Instance annulled Decision R 502/2006-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 March 2007 annulling the Opposition Division’s decision refusing the registration of the word mark ‘Barbara Becker’ for goods in Class 9 in opposition proceedings brought by Harman International Industries, Inc.

Harman International Industries

OHIM — Becker (Barbara Becker)

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker); |
| --- | --- |

1.

Sets aside the judgment of the Court of First Instance of the European Communities of 2 December 2008 in Case T-212/07 Harman International Industries v OHIM — Becker (Barbara Becker);

| 2. | Refers the case back to the General Court of the European Union; |
| --- | --- |

2.

Refers the case back to the General Court of the European Union;

| 3. | Reserves the costs. |
| --- | --- |

3.

Reserves the costs.

---

(1)  OJ C 82, 4.4.2009.

1

---
# C_2011030EN.01005801.xml

| 29.1.2011 | EN | Official Journal of the European Union | C 30/58 |
| --- | --- | --- | --- |

29.1.2011

EN

Official Journal of the European Union

C 30/58

---

Judgment of the Civil Service Tribunal (3rd Chamber) of 29 September 2010 — Brune v Commission

(Case F-5/08) (1)

1

(Civil service - General competition - Non-inclusion on the reserve list - Conduct of the oral test - Stability of the selection board)

2011/C 30/107

Language of the case: French

Parties

Parties

Applicant: Markus Brune (Brussels, Belgium) (represented by: H. Mannes, lawyer)

Applicant:

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Defendant:

Re:

Re:

Annulment of the Commission’s decision not to place the applicant on the reserve list in Competition AD/26/05 because of the insufficiency of his oral test.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the Commission’s decision of 10 May 2007 not to place Mr Brune on the reserve list in Competition EPSO/AD/26/05; |
| --- | --- |

1.

Annuls the Commission’s decision of 10 May 2007 not to place Mr Brune on the reserve list in Competition EPSO/AD/26/05;

| 2. | Orders the European Commission to pay all the costs. |
| --- | --- |

2.

Orders the European Commission to pay all the costs.

---

(1)  OJ C 64, 8.3.2008, p. 69.

1

---
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Extensions of Remarks]
[Page E1452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                 IN HONOR OF SOUTH JERSEY PARALYMPIANS

                                 ______
                                 

                         HON. ROBERT E. ANDREWS

                             of new jersey

                    in the house of representatives

                       Monday, September 10, 2012

  Mr. ANDREWS. Mr. Speaker, I rise today to honor our South Jersey 
Paralympian, April Holmes, who traveled to the London 2012 Paralympics 
to compete in track and field.
  April represents the United States on the world stage, serving as a 
role model for citizens across South Jersey and the entire nation. Her 
success, derived from her hard work and dedication, and exemplified 
through her competitive spirit, is something to which every American 
can aspire. In the same way that our national ethos rewards fortitude 
and persistence, April earned the opportunity to compete on the 
Paralympic stage through tireless training and sacrifice.
  Since the beginning of her career in 2002, April has succeeded on the 
world stage, setting and breaking her own world records. Through fierce 
competition amongst the greatest athletes in the world, she continually 
pushes the limits of human achievement. The bonds of friendship gained 
through equally world-class sportsmanship enrich her and our nation.
  Mr. Speaker, the dedication of this South Jersey Paralympian and her 
teammates should not go unrecognized. I join all of South Jersey in 
expressing our pride in April's efforts.

                          ____________________
```
# C_2009220EN.01003102.xml

| 12.9.2009 | EN | Official Journal of the European Union | C 220/31 |
| --- | --- | --- | --- |

12.9.2009

EN

Official Journal of the European Union

C 220/31

---

Order of the President of the Court of 5 June 2009 — Commission of the European Communities v Italian Republic

(Case C-500/08) (1)

1

2009/C 220/61

Language of the case: Italian

Language of the case: Italian

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

---

(1)  OJ C 6, 10.1.2009.

1

---
**Judgment of the Court (Seventh Chamber) of 15 October 2009 – Commission v Netherlands**

**(Case C‐232/08)**

Failure of a Member State to fulfil obligations – Regulation (EC) No 850/1998 – Article 29(2) – Restrictions on fishing for plaice – Maximum engine power of fishing vessels – Regulation (EEC) No 2847/93 – Article 2(1) – Regulation (EC) No 2371/2002 – Article 23 – Application of control and enforcement of the rules

Fisheries – Conservation of the resources of the sea – Technical conservation measures – Restrictions on fishing for plaice (Council Regulations No 2847/93, Art. 2(1), No 850/98, Art. 29(2), and No 2371/2002, Art.
23) (see paras 41-54)

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Infringement of Article 29(2) of Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, Article 23 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy – Fishing for plaice – Inspection and control of fishing vessels and their activities – Responsibility of the Member States. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, by allowing fishing vessels to have a higher engine power than permitted under Article 29(2) of Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms, as amended by Council Regulation (EC) No 2166/2005 of 20 December 2005, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 23 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy and Article 2(1) of Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy, as amended by Council Regulation (EC) No 768/2005 of 26 April 2005; |

| | | |
| --- | --- | --- |
| 2. | | Orders the Kingdom of the Netherlands to pay the costs. |
# C_2011055EN.01002101.xml

| 19.2.2011 | EN | Official Journal of the European Union | C 55/21 |
| --- | --- | --- | --- |

19.2.2011

EN

Official Journal of the European Union

C 55/21

---

Judgment of the General Court of 13 January 2011 — IFAW Internationaler Tierschutz-Fonds v European Commission

(Case T-362/08) (1)

1

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the carrying out of an industrial project in an area protected under Directive 92/43/EEC - Documents originating from a Member State - Objection on the part of the Member State - Partial refusal of access - Exception relating to the economic policy of a Member State - Article 4(5) to (7) of Regulation No 1049/2001)

2011/C 55/36

Language of the case: English

Parties

Parties

Applicant: IFAW Internationaler Tierschutz-Fonds gGmbH (Hamburg, Germany) (represented by: S. Crosby, Solicitor and S. Santoro, lawyer)

Applicant:

Defendant: European Commission (represented by: C. O’Reilly and P. Costa de Oliveira, Agents)

Defendant:

Interveners in support of the applicant: Kingdom of Denmark (represented by J. Bering Liisberg and B. Weis Fogh, Agents); Republic of Finland (represented initially by J. Heliskoski, M. Pere and H. Leppo, and later by J. Heliskoski, Agents); and Kingdom of Sweden (represented by K. Petkovska, A. Falk and S. Johannesson, Agents)

Interveners in support of the applicant

Re:

Re:

Annulment of the Commission’s decision of 19 June 2008 partly refusing to grant the applicant access to certain documents transmitted to the Commission by the German authorities in connection with a procedure for the declassification of a site protected under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7).

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders IFAW Internationaler Tierschutz-Fonds gGmbH to bear its own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders IFAW Internationaler Tierschutz-Fonds gGmbH to bear its own costs and to pay those incurred by the European Commission;

| 3. | Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs. |
| --- | --- |

3.

Orders the Kingdom of Denmark, the Republic of Finland and the Kingdom of Sweden to bear their own costs.

---

(1)  OJ C 301, 22.11.2008.

1

---
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<LEGEND> THE SCHEDULE CONTAINS SUMMARY FINANCIAL
INFORMATION EXTRACTED FROM THE CORPORATIONS FINANCIAL
STATEMENTS FOR THE QUARTER ENDED July 31, 1999, AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.

      <MULTIPLIER> 1

      <S>                           <C>
      <PERIOD-TYPE>                      QUARTER
      <FISCAL-YEAR-END>             JAN 31-1999
      <PERIOD-END>                  JUL 31-1999
      <CASH>                            258,808
      <SECURITIES>                            0
      <RECEIVABLES>                   1,892,690
      <ALLOWANCES>                            0
      <INVENTORY>                             0
      <CURRENT ASSETS>                2,151,498
      <PP&E>                             18,772
      <DEPRECIATION>                     (4,059)
      <TOTAL ASSETS>                  5,918,181
      <CURRENT-LIABILITIES>             569,161
      <BONDS>                                 0
      <PREFERRED-MANDATORY>                   0
      <PREFERRED>                             0
      <COMMON>                        8,714,409
      <OTHER-SE>                              0
      <TOTAL-LIABILITY-AND-EQUITY>    5,918,181
      <SALES>                                 0
      <TOTAL-REVENUES>                        0
      <CGS>                                   0
      <TOTAL COSTS>                     506,601
      <OTHER EXPENSES>                        0
      <LOSS PROVISION>                        0
      <INTEREST EXPENSE>                (11,250)
      <INCOME PRETAX>                  (514,869)
      <INCOME-TAX>                            0
      <INCOME CONTINUING>              (514,869)
      <DISCONTINUED>                          0
      <EXTRAORDINARY>                         0
      <CHANGES>                               0
      <NET-INCOME>                     (514,869)
      <EPS-BASIC>                        (.00)
      <EPS-DILUTED>                        (.00)
#### The People of the State of New York, Respondent, v Harold Bovell, Also Known as Mark Bogle, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered September 18, 1987, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v Califor*
      *210nia> 386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.
<PAGE>

                                                                    EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report on Form 10-K of Northern Border Partners,
L.P. (the "Partnership") for the year ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Jerry L.
Peters, as Chief Financial and Accounting Officer of the Partnership, hereby
certifies, 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 section 15(d), as applicable, 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 Partnership.

Dated: March 6, 2006                     /s/ Jerry L. Peters
                                         ---------------------------------------
                                         Jerry L. Peters
                                         Chief Financial and Accounting Officer

This certification is made solely for the purpose of 18 U.S.C. Section 1350, and
not for any other purpose.
# Media Inquiries - Appalachian Regional Commission

- Janiene Bohannon The post Janiene Bohannon appeared first on Appalachian Regional Commission.
##### 



Exhibit 10.31

AMENDMENT NO. 2 TO THE COLE NATIONAL
GROUP, INC. 1999 SUPPLEMENTAL RETIREMENT BENEFIT PLAN

WHEREAS, Cole National Group, Inc. (the Company) adopted the Cole
National Group, Inc. 1999 Supplemental Retirement Benefit Plan effective as of
January 1, 1999 (the Plan);

WHEREAS, the Company adopted Amendment No. 1 to the Plan dated as of
January 25, 2002;

WHEREAS, pursuant to Section 6.1 of the Plan, the Company hereby amends
the Plan, as provided herein, as Amendment No. 2 to the Plan; and

WHEREAS, the Company hereby adopts this Amendment No. 2. Words and
phrases used herein with initial capital letters that are not defined herein
shall have the meaning provided in the Plan.

Section 1

Section 3.2 of the Plan is hereby amended in its entirety to read as
follows:

SECTION 3.2. Time of Payment. A Participants (or
Beneficiarys) Supplemental Retirement Benefit shall commence at the same time
and under the same conditions as the benefits payable to the Participant (or
Beneficiary) under the Pension Plan, or at such time and under such conditions
as may be provided in the Instrument Designating Participant applicable to the
Participant.

Section 2

Section 4.1 of the Plan is hereby amended in its entirety to read as
follows:

SECTION 4.1. Vesting. A Participant shall be vested in his
Supplemental Retirement Benefit in accordance with the vesting provisions of
the Pension Plan, or at such time and under such conditions as may be provided
in the Instrument Designating Participant applicable to the Participant.

Dated as of January 23, 2004
    
    COLE NATIONAL GROUP, INC.By:
    
    /s/ Leslie D. DunnTitle:
    
    Senior Vice President
Exhibit 32.1
                            CERTIFICATION PURSUANT TO

                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In  connection  with the Quarterly  Report of Tari Inc. (the  "Company") on Form
10-QSB for the  period  ended June 30,  2005 as filed  with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  the undersigned,  in the
capacities and on the dates indicated  below,  hereby  certifies  pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to his knowledge:



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.



Date:  August 15, 2005

                                                  /s/ Theodore Tsagkaris

                                                  ------------------------------
                                                  Theodore Tsagkaris
                                                  President, C.E.O. and Director
                                                  Principal Executive Officer)
# C_2008064EN.01006102.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/61 |
| --- | --- | --- | --- |

8.3.2008

EN

Official Journal of the European Union

C 64/61

---

Action brought on 8 January 2008 — Evets v OHIM (QWIK TUNE)

(Case T-21/08)

(2008/C 64/99)

Language of the case: English

Parties

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

Applicant:

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

Defendant:

Form of order sought

| — | That the decision R 604/2007– 4 of the Fourth Board of Appeal of 5 November 2007 be set aside; |
| --- | --- |

—

That the decision R 604/2007– 4 of the Fourth Board of Appeal of 5 November 2007 be set aside;

| — | that an order be substituted that the application for restitutio in integrum was brought within the time-limits as prescribed by Article 78(2); |
| --- | --- |

—

that an order be substituted that the application for restitutio in integrum was brought within the time-limits as prescribed by Article 78(2);

restitutio in integrum

| — | that the matter be referred back to the Fourth Board of Appeal for them to deal with the substantive issue as to whether all due care was taken to renew the trade mark concerned; |
| --- | --- |

—

that the matter be referred back to the Fourth Board of Appeal for them to deal with the substantive issue as to whether all due care was taken to renew the trade mark concerned;

| — | that the costs be borne by the defendant. |
| --- | --- |

—

that the costs be borne by the defendant.

Pleas in law and main arguments

Community trade mark concerned: The figurative Community trade mark ‘QWIK TUNE’ for goods and services in classes 9 and 15 — application No 117 994

Community trade mark concerned:

Decision of the Administration of Trade Marks and Legal Division: Refused the request for restitutio in integrum and declared the trade mark as deemed to have been cancelled

Decision of the Administration of Trade Marks and Legal Division:

restitutio in integrum

Decision of the Board of Appeal: Dismissed the appeal and declared the restitutio in integrum request as deemed not to have been filed

Decision of the Board of Appeal:

restitutio in integrum

Pleas in law: The pleas in law and main arguments relied on by the applicant are identical or similar to those relied on in Case T-20/08, Evets/OHIM (DANELECTRO).

Pleas in law:

Evets/OHIM (DANELECTRO).

---
<PAGE>
                                                                    EXHIBIT 21.1
 
                    SUBSIDIARIES OF ULTRATECH STEPPER, INC.
 
    The following is a list of Ultratech Stepper Inc.'s subsidiaries including
their states of incorporation as of March 13, 1997:
 
<TABLE>
<CAPTION>
                                                                    STATE AND COUNTRY OF
SUBSIDIARIES                                                            INCORPORATION
-------------------------------------------------------------  -------------------------------
<S>                                                            <C>
Ultratech Stepper International, Inc.........................  State of Delaware, USA
 
Ultratech Stepper UK Limited.................................  United Kingdom
 
Ultratech Stepper Foreign Sales Corp.........................  Barbados
 
Ultratech Kabushiki Kaisha...................................  Japan
 
Ultratech Capital, Inc.......................................  State of Delaware, USA
 
UltraBeam Lithography, Inc...................................  State of Delaware, USA
</TABLE>
 
                                       60
A poverty rate is the ratio of the persons below the poverty level 

to the total number of persons for whom poverty status has been 

determined. The map uses natural breaks in the distribution to 

organize the data into groups of common values. 

Map Created: March 2012

Data Source: U.S. Census Bureau, 

American Community Survey, 2006–2010

Poverty Rates in Appalachia, 2006–2010

(County Rates)

0 50 100 

Miles 

GEORGIA 

ALABAMA 

MISSISSIPPI 

SOUTH 

CAROLINA 

NORTH CAROLINA 

VIRGINIA 

WEST 

VIRGINIA 

KENTUCKY 

OHIO ILLINOIS INDIANA 

WISCONSIN 

MICHIGAN 

DE 

NJ PENNSYLVANIA 

MARYLAND 

NEW YORK 

TENNESSEE

27.2% - 42.2%

20.3% - 27.1%

14.6% - 20.2%

5.6% - 14.5%

Poverty Rate 

(Natural Breaks Classification) 

U.S. average = 13.8%

Appalachian average = 15.6%
# C_2008272EN.01003702.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/37 |
| --- | --- | --- | --- |

25.10.2008

EN

Official Journal of the European Union

C 272/37

---

Action brought on 12 August 2008 — Pepito Pesca v Commission

(Case T-325/08)

(2008/C 272/73)

Language of the case: Italian

Parties

Applicant: Pepito Pesca Srl (Vibo Valentia, Italy) (represented by: A. Maiorana, A. De Matteis and A. De Francesco, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul Commission Regulation (EC) No 530/2008 of 12 June 2008, published in OJ L 155 of 13 June 2008. |
| --- | --- |

—

Annul Commission Regulation (EC) No 530/2008 of 12 June 2008, published in OJ L 155 of 13 June 2008.

| — | Order the Commission to pay the costs of the proceedings. |
| --- | --- |

—

Order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those relied on in Case T-313/08 Veromar di Tudisco Alfio & Salvatore S.n.c v Commission.

Veromar di Tudisco Alfio & Salvatore S.n.c

Commission

---