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# Research Information Letters – 1984

Page Last Reviewed/Updated Wednesday, June 10, 2020

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Page Last Reviewed/Updated Wednesday, June 10, 2020
# C_2004146EN.01000601.xml

| 29.5.2004 | EN | Official Journal of the European Union | C 146/6 |
| --- | --- | --- | --- |

29.5.2004

EN

Official Journal of the European Union

C 146/6

---

Action brought on 8 April 2004 by Giuseppe Caló against Commission of the European Communities

(Case T-134/04)

(2004/C 146/08)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 April 2004 by Giuseppe Caló, residing in Luxembourg, represented by S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

| — | annul the Commission decision of 30 March 2004 to fill the Grade A2 post of Director of the Agriculture, fisheries, structural funds and environment statistics directorate of the DG EUROSTAT and that rejecting the applicant's candidature for that post; |
| --- | --- |

—

annul the Commission decision of 30 March 2004 to fill the Grade A2 post of Director of the Agriculture, fisheries, structural funds and environment statistics directorate of the DG EUROSTAT and that rejecting the applicant's candidature for that post;

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

—

order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, an official of the defendant assigned to EUROSTAT as Director of the Agriculture, environment, food and regions statistics directorate, had been reassigned, with his post, to the duties of Principal Adviser to the Director-General of the Directorate-General to which he was assigned. The Commission had also decided to fill his former post.

The applicant has challenged those decisions before the Court of First Instance in another case (T-118/04 Caló v Commission).

In the present action, the applicant challenges the decision to appoint another official to his former post, relying, first, on the same pleas in law as those invoked in Case T-118/04. He claims moreover that the candidate appointed does not have the qualifications required by the vacancy notice in question. He also contends that that candidate participated in a meeting of the Commissioners' Chefs de cabinet at which the filling of the post for which he was himself a candidate was decided. The applicant, on that basis, alleges infringement of the principles of transparency, fairness and impartiality and infringement of the rights of the defence. Finally, the applicant alleges a complete failure to state reasons.

---
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

October 14, 2011 

y1011 

Order 

 

October 14, 2011 

143775 

 SC: 143775 

In re T. R. COLLINS, Minor. COA: 300227 

 Oakland CC Family Division: 

10-767430-NA 

___________________________________/ 

 On order of the Court, the application for leave to appeal the September 1, 2011 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
# C_2004228EN.01003001.xml

| 11.9.2004 | EN | Official Journal of the European Union | C 228/30 |
| --- | --- | --- | --- |

11.9.2004

EN

Official Journal of the European Union

C 228/30

---

Reference for a preliminary ruling by the Gerechtshof te Amsterdam by decision of that court of 13 July 2004 in the case of Compaq Computer International Corporation against Inspecteur van de Belastingdienst – Douanedistrict Arnhem.

(Case C-306/04)

(2004/C 228/62)

Reference has been made to the Court of Justice of the European Communities by decision of the Gerechtshof te Amsteredam (Amsterdam Regional Court of Appeal) of 13 July 2004, received at the Court Registry on 19 July 2004, for a preliminary ruling in the case of Compaq Computer International Corporation against Inspecteur van de Belastingdienst – Douanedistrict Arnhem on the following question:

Where computers on which operating systems installed by the seller are imported, must the value of the software made available to the seller by the buyer free of charge be added to the transaction price of those computers pursuant to Article 32(1)(b) of the Community Customs Code (1) where the value thereof is not included in the transaction price?

1

---

(1)  OJ L 302 of 19 October 1992, p. 1.

1

---
SCPW-12-0001066

IN THE SUPREME COURT OF THE STATE OF HAWAI # I

KAWIKA KEOKI AKUI, Petitioner,

vs.
TED SAKAI, DIRECTOR, DEPARTMENT OF PUBLIC SAFETY, STATE OF HAWAI # I, Respondent.

ORIGINAL PROCEEDING

ORDER ( B y : R e c k t e n w a l d , C

. J

. , N a k a y a m a , A c o b a , M c K e n n a , a n d P o l l a c k , J J

. )

Upon review of petitioner Kawika Keoki Akui’s “Motion to Transfer Habeas Corpus”, filed on December 7, 2012, which we treat as a petition for a writ of habeas corpus, and the record, it appears that petitioner can seek relief in the circuit court and by way of appeal, as appropriate, and petitioner presents no special reason for invoking the supreme court’s original jurisdiction at this time. See Oili v. Chang, 57 Haw. 411, 412, 557 P.2d 787, 788 (1976). Therefore,

IT IS HEREBY ORDERED that the petition is denied without prejudice.

DATED: Honolulu, Hawai # i, January 23, 2013. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Richard W. Pollack Electronically Filed Supreme Court SCPW-12-0001066 23-JAN-2013 02:07 PM
# C_2004190EN.01000603.xml

| 24.7.2004 | EN | Official Journal of the European Union | C 190/6 |
| --- | --- | --- | --- |

24.7.2004

EN

Official Journal of the European Union

C 190/6

---

Action brought on 19 May 2004 by the Commission of the European Communities against the Italian Republic

(Case C-214/04)

(2004/C 190/11)

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 19 May 2004 by the Commission of the European Communities, represented by Ulrich Wölker and Antonio Aresu, acting as Agents.

The applicant claims that the Court should:

| — | declare that, by retaining up to the present rules which permit the use of hydrochlorofluorocarbons in fire protection installations beyond the limits and outside the conditions laid down in Article 5(3) of Regulation (EC) No 2037/2000 (1) of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, the Italian Republic has failed to fulfil its obligations under that provision; |
| --- | --- |

—

declare that, by retaining up to the present rules which permit the use of hydrochlorofluorocarbons in fire protection installations beyond the limits and outside the conditions laid down in Article 5(3) of Regulation (EC) No 2037/2000 (1) of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, the Italian Republic has failed to fulfil its obligations under that provision;

1

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

—

order the Italian Republic to pay the costs.

Pleas in law and main arguments:

The Commission claims that the derogations referred to in the Decree of 3 October 2001 of the Ministry of the Environment and Protection of the Territory apply to various cases which are not covered by the derogation laid down in Regulation No 2037/2000 and that therefore the field of application of those derogations is considerably wider than is permitted under the regulation itself. In so far as the Italian provisions authorise the use of hydrochlorofluorocarbons (HCFCs) in fire protection installations in cases not permitted under Regulation 2037/2000, those provisions are inconsistent with Community law.

---

(1)  OJ L 244 of 29.9.2000, p. 1

1

---
EXHIBIT 99.4
                                                                    ------------



    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 of Precision Drilling Corporation
(the "Company") on Form 40-F for the year ended December 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Dale E. Tremblay, Senior Vice-President & Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my 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.


     By:  /s/ Dale E. Tremblay
          ---------------------------------
          Dale E. Tremblay
          Senior Vice-President & Chief Financial Officer


April 26, 2004
#### Hunt *v.*Jucks & London, surviving partners of the company of Jucks & Co.

General reputation is not sufficient to ehwtye a particular person as partner ; there must be some confession of his, or some ov.-rt ac.t to prove it. When a pets m indebted to another, knows what sum he is to pay, and when he is to pay it, he must pay interest.

*Bunbebbin*hud purchased the tobacco of the Plaintiff”, anti had m.t paid for it. *Bunbebbin*wits dead, and his estate supposed difficult to be come at — whereupon the suit was instilóte.'! against these Defendants. Toe proof of tito partnership depended opon Míe deposition of *Mr. Hooper,*who deposed, that about the ’hue of the purchase, there was sure, a company as that of *Jacks*& *Co.*that he was a p tríos ¡ hhm-.eíf, and also *Banbebbiv*& *London,*ami another whose name he moni tout'd ; and tii.it to the best of his remembrance, come of the partner’s of this company pnnh .sed a quantify of tobacco of the Plaintiff for the romp uiy 4 idler '.vas produced written by' *London*or *Dnnbsltbin*to the Pl-tin'iff, stating the account, winch Mas in die name of *Jacks*& *Co.*It informed the. Plaintiff that *Jucks*had the money to pay the balance of the account ; and th=* Counsel for the Plaintiff insisted this tender had been made upon this evidence. The court left it to the jury to say, whether such a company had existed, and whether the Defendants had been partners. The court informed them, that (he other depositions in the cause, stating a .e-mierai reputation of the partnership, were not sufficient to charge *.lucks*as-a partner— vhere must be some confession of his, or some overt act proving the name ; but if they '.ould rely upon the aectt-raev of *Mr. Hooper’s*remembrance, r-s lie luid spoken of it | or if they believed *Jacks*earned the letter and the money mentioned in it, and knew how the account inclosed was stated, that would amount to an admission of iiis.b’'-ing it partner j mid in that rase, they should find for the Plaintiff, o herwi’se for the Defendant. — -They found for the Plaintiff, anti ¡siso, pursuant to toe charge of one of the court, gUeu a few days before, who stan d the Mile to he, that wherever th >! ■’itnr knows precisely what he *’s to pax, and when he *•< to pay it, that the *200jury might give interesi by way of damages, if they thought 'proper. They did in this case allow damages to the amount of the interest on the principal sum, byway of addition to the principal damages, and it was not complained of on the other side, and the Plaintiff had judgment.

*Note.*— Vide *State*v. *John G. & Thomas Blount, ante 4.*
<PAGE>   1

                                                                  EXHIBIT 10.2

                 FIRST AMENDMENT TO CHANGE OF CONTROL AGREEMENT

WHEREAS, MiniMed Inc. (the "Company") and Terrance H. Gregg (the "Executive")
have entered into that certain Change of Control Agreement dated March 1, 1999
(the "Agreement"); and

WHEREAS, the Agreement expires pursuant to its terms on March 1, 2001; and

WHEREAS, the Company considers it essential and in the best interest of its
stockholders to continue to foster the continuous employment of key management
personnel and to continue to reinforce and encourage the continued attention and
dedication of the Executive to his assigned duties without distraction in the
face of potentially disturbing circumstances arising from the possibility of a
change in control of the Company;

NOW, THEREFORE, the Company and the Executive agree as follows:


1.   The preamble to Section 1 of the Agreement shall be deleted in its entirety
     and replaced with the following:

     "1.  Payment of Severance Benefits Upon Change of Control. In the event of
          a Change of Control of the Company (as defined in Section 3) during
          the two-year period starting March 1, 2001, the Executive shall be
          entitled to the benefits set forth in Section 2 (the "Severance
          Benefits"), but only if:"

2.   All other terms and conditions in the Agreement, including but not limited
     to the remaining provisions of Section 1, shall remain unchanged and in
     full force and effect.

3.   This Amendment shall be effective as of March 1, 2001.

4.   This Amendment may be executed in two counterparts each of which shall be
     deemed an original but both of which together shall constitute one and the
     same instrument.


IN WITNESS WHEREOF, both the Executive and the Company have caused this
amendment to be executed by himself or by its duly authorized representatives,
respectively:

         MINIMED INC.

     By: /s/ Kevin R. Sayer             By: /s/ Terrance H. Gregg
         ----------------------            ------------------------
         Kevin R. Sayer                    Terrance H. Gregg

     Its: Chief Financial Officer
         ------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          56,923
<SECURITIES>                                     5,946
<RECEIVABLES>                                    4,632
<ALLOWANCES>                                       357
<INVENTORY>                                          0
<CURRENT-ASSETS>                                67,919
<PP&E>                                           4,732
<DEPRECIATION>                                   2,230
<TOTAL-ASSETS>                                  74,200
<CURRENT-LIABILITIES>                            6,484
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            17
<OTHER-SE>                                      67,033
<TOTAL-LIABILITY-AND-EQUITY>                    74,200
<SALES>                                          3,813
<TOTAL-REVENUES>                                 4,626
<CGS>                                            1,524
<TOTAL-COSTS>                                    2,211
<OTHER-EXPENSES>                                 8,346
<LOSS-PROVISION>                                    26
<INTEREST-EXPENSE>                               1,049
<INCOME-PRETAX>                                (6,504)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (6,504)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  7,453
<CHANGES>                                            0
<NET-INCOME>                                  (13,957)
<EPS-BASIC>                                     (1.44)
<EPS-DILUTED>                                   (1.44)


</TABLE>
Exhibit 32.1

# CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350ADOPTED PURSUANT TOSECTION
906 OF THE SARBANES--OXLEY ACT OF 2002FOR THE QUARTER
ENDED DECEMBER 31, 2006

In connection with the Quarterly
Report of Silverstar Holdings, Ltd. (the Company) on Form 10-Q/A for the quarter
ended December 31, 2006 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Clive Kabatznik, Chief Executive Officer (Principal
Executive Officer) and Chief Financial Officer (Principal Financial and Accounting
Officer) of the Company, certify, pursuant to 18 U.S.C. § 1350, adopted pursuant to
Section 906 of the SarbanesOxley Act of 2002 that to my knowledge:

|(1) |  | The
Report fully complies with the requirements of Section 13(a) 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: March 2, 2007

| | /s/ Clive Kabatznik
Clive Kabatznik
Chief Executive Officer (Principal Executive Officer)
Chief Financial Officer (Principal Financial and Accounting Officer)
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------
**EXHIBIT 32.2** **CERTIFICATION    PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF    2002**     Pursuant to the requirements of the Securities Exchange Act of    1934, the Registrant has duly caused this Report to be signed on    its behalf by the undersigned thereunto duly authorized and the    undersigned hereby certifies, pursuant to 18 U.S.C.    §1350, as adopted pursuant to § 906 of the    Sarbanes-Oxley Act of 2002, to the best of his knowledge, that    (1) this Report complies with the requirements of    Section 13(a) or Section 15(d) of the Securities    Exchange Act of 1934 and (2) the information contained in    this report fairly presents, in all material respects, the    financial condition and results of operations of the Registrant. /s/  WAYNE    LEE    Wayne Lee*Chief Financial Officer*     Date: March 17, 2008     The foregoing certification is being furnished solely pursuant    to 18 U.S.C. § 1350 and is not being filed as    part of this Report or as a separate disclosure document.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                         DEC-31-1995
<PERIOD-END>                              SEP-30-1996
<CASH>                                              0 
<SECURITIES>                                        0 
<RECEIVABLES>                                  20,972 
<ALLOWANCES>                                    1,354 
<INVENTORY>                                    77,182 
<CURRENT-ASSETS>                               98,870       
<PP&E>                                         90,653      
<DEPRECIATION>                                 13,117    
<TOTAL-ASSETS>                                202,817      
<CURRENT-LIABILITIES>                          65,674    
<BONDS>                                       154,007  
<COMMON>                                          103 
<PREFERRED-MANDATORY>                          30,520 
<PREFERRED>                                         0 
<OTHER-SE>                                   (62,240)       
<TOTAL-LIABILITY-AND-EQUITY>                  202,817         
<SALES>                                       138,412          
<TOTAL-REVENUES>                              138,412          
<CGS>                                          67,954          
<TOTAL-COSTS>                                  47,637          
<OTHER-EXPENSES>                               15,694       
<LOSS-PROVISION>                                    0      
<INTEREST-EXPENSE>                             14,996       
<INCOME-PRETAX>                                 7,127       
<INCOME-TAX>                                    2,894      
<INCOME-CONTINUING>                             4,233      
<DISCONTINUED>                                      0  
<EXTRAORDINARY>                                     0      
<CHANGES>                                           0  
<NET-INCOME>                                    4,233 
<EPS-PRIMARY>                                       0 
<EPS-DILUTED>                                       0 
        

</TABLE>
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

April 24, 2007 Clifford W. Taylor,

 Chief Justice 

132874 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132874 

 COA: 262958 

Wayne CC: 04-012496-01

ELMORE JAMES HAIRE,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the November 21, 2006 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p0416 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

April 24, 2007 

 Clerk