alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2004228EN.01003803.xml

| 11.9.2004 | EN | Official Journal of the European Union | C 228/38 |
| --- | --- | --- | --- |

11.9.2004

EN

Official Journal of the European Union

C 228/38

---

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 June 2004

in Case T-315/02: Svend Klitgaard v Commission of the European Communities (1)

1

(Arbitration clause - Contract concluded under the PLAN Cluster D programme - Travel expenses - Costs of recovery - Late payment)

(2004/C 228/86)

Language of the case: Danish

In Case T-315/02: Svend Klitgaard, residing in Skørping (Denmark), represented by S. Koll Espensen, lawyer, against Commission of the European Communities (Agents: H. Støvlbæk and C. Giolito, assisted by P. Heidmann, with an address for service in Luxembourg) — application under Article 238 EC for reimbursement of EUR 19 867.40 allegedly incurred by the applicant in connection with performance of contract No 32.0166 concluded within the framework of Cluster D of the Plant Life Assessment Network (PLAN) project, together with default interest, and for the payment of recovery costs, also with default interest — the Court of First Instance (Fifth Chamber), composed of P. Lindh, President, R. García-Valdecasas and J.D. Cooke, Judges; D. Christensen, Administrator, for the Registrar, has given a judgment on 10 June 2004 in which it:

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

1.

Dismisses the action;

| 2. | Orders the applicant to pay its own costs and the costs of the Commission. |
| --- | --- |

2.

Orders the applicant to pay its own costs and the costs of the Commission.

---

(1)  OJ C 323 of 21.12.2002.

1

---
Exhibit 31.1
 
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
 
 I, Gilbert Hu, certify that:
 
 1. I have reviewed this report on Form 10-Q of AltiGen Communications, Inc. (the registrant);
 
 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
 
 4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 
 (a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
 (b) evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
 (c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
 
 5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):
 
 (a)all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
 
 (b)any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
 
 
 Date:  August 16, 2004By:  /s/ Gilbert HuGilbert HuChief Executive Officer
# C_2004280EN.01000202.xml

| 17.11.2004 | EN | Official Journal of the European Union | C 280/2 |
| --- | --- | --- | --- |

17.11.2004

EN

Official Journal of the European Union

C 280/2

---

Non-opposition to a notified concentration

(Case COMP/M.3581 — T-MOBILE/POLSKA TELEFONIA CYFROWA)

(2004/C 280/03)

(Text with EEA relevance)

On 28 October 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes. |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes.

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3581. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex) |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3581. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex)

---
# C_2004273EN.01003002.xml

| 6.11.2004 | EN | Official Journal of the European Union | C 273/30 |
| --- | --- | --- | --- |

6.11.2004

EN

Official Journal of the European Union

C 273/30

---

Action brought on 30 July 2004 by Triantafyllia Dionyssopoulou against the Council of the European Union

(Case T-320/04)

(2004/C 273/60)

Language of the case: French

An action against the Council of the European Union was brought before the Court of First Instance of the European Communities on 30 July 2004 by Triantafyllia Dionyssopoulou, residing at Norwich, Norfolk (United Kingdom), represented by Claude Quackels, lawyer.

The applicant claims that the Court of First Instance should:

| — | annul the decision notified on 12 December 2003 which used the correction coefficient for Greece for the computation of the pension; |
| --- | --- |

—

annul the decision notified on 12 December 2003 which used the correction coefficient for Greece for the computation of the pension;

| — | award the applicant as from 1 November 2003 the correction coefficient for the United Kingdom in respect of her pension; |
| --- | --- |

—

award the applicant as from 1 November 2003 the correction coefficient for the United Kingdom in respect of her pension;

| — | order the Council to pay the applicant by way of compensation for material and non-material damage a sum fixed ex æquo and de bono at EUR 20 000 in respect of loss estimated, without prejudice to any increase during the proceedings, at EUR 50 000; |
| --- | --- |

—

order the Council to pay the applicant by way of compensation for material and non-material damage a sum fixed ex æquo and de bono at EUR 20 000 in respect of loss estimated, without prejudice to any increase during the proceedings, at EUR 50 000;

ex æquo

de bono

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

—

order the Council to pay the costs.

Pleas in law and main arguments:

The applicant in this case, a former Community official in receipt of invalidity pension, challenges the administrative authority's decision to apply to that pension the correction coefficient for Greece rather than that applicable to the United Kingdom.

On this point she states that because of her taking up residence in the latter Member State, she is entitled to the application of that coefficient and that the refusal at issue in this dispute is unlawful, in so far as it fails to have regard to the principles of equal treatment, of the protection of legitimate expectations and of proper administration.

Furthermore, she alleges that the contested decision is based on a manifest error of assessment.

---
# C_2004187EN.01002801.xml

| 22.7.2004 | EN | Official Journal of the European Union | C 187/28 |
| --- | --- | --- | --- |

22.7.2004

EN

Official Journal of the European Union

C 187/28

---

Prior notification of a concentration

(Case No COMP/M.3493 — YAMANOUCHI/FUJISAWA)

(2004/C 187/06)

(Text with EEA relevance)

| 1. | On 14 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Japanese undertakings Yamanouchi Pharmaceutical Co., Ltd (‘Yamanouchi’) and Fujisawa Pharmaceutical Co., Ltd (‘Fujisawa’) enter into a full merger within the meaning of Article 3(1)(a) of the Council Regulation. |
| --- | --- |

1.

On 14 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the Japanese undertakings Yamanouchi Pharmaceutical Co., Ltd (‘Yamanouchi’) and Fujisawa Pharmaceutical Co., Ltd (‘Fujisawa’) enter into a full merger within the meaning of Article 3(1)(a) of the Council Regulation.

1

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Yamanouchi: Pharmaceuticals, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Yamanouchi: Pharmaceuticals,

| — | for undertaking Fujisawa: Pharmaceuticals and related products. |
| --- | --- |

—

for undertaking Fujisawa: Pharmaceuticals and related products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3493 — YAMANOUCHI/FUJISAWA, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3493 — YAMANOUCHI/FUJISAWA, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

---
NRCS CONSERVATION PRACTICE EFFECTS - NETWORK DIAGRAM July 2021

On-Farm Secondary 

Containment Facility (319) 

Initial setting: Facility uses petroleum 

products and needs a handling facility to 

prevent water/soil contamination due to 

spills

Start

1. Facility used for storing and loading of onfarm 

oils and petroleum products to minimize the risk of 

accidental release resulting in contamination

D.1 (+) Safe containment and handling 

of oils and petroleum products

I.1 (-) Contaminants to receiving 

waters

I.2 (+) Quality of water 

supply for domestic, 

agricultural, wildlife, 

and other uses

C.1 (+) 

Biodiversity

C.3 (+) Income and income 

stability (individuals and 

community)

C.2 (+) Fishable and 

swimmable waters; 

health and safety for 

humans, domestic and 

wild animals

I.10 (+/-) Net 

income to 

landowner

I.11 (+) 

Agribusiness

I.7 (-) Contaminants 

to soil

I.4 (+) Aquatic 

habitat quality

I.8 (+) Soil 

health 

D.2 (+) Cost of installation, 

repair, and maintenance of 

facility and equipment

I.6 (-) Cost of 

compliance 

with future 

regulation

I.9 (+) 

Productivity

I.5 (+) Meeting 

water quality 

standards

I.3 (+) Surface water 

quality

LEGEND

#. Created by practice

D. Direct effect

I. Indirect effect

C. Cumulative effect

Pathway

Mitigating practice

Associated practice

Notes:

Effects are qualified with a plus 

(+) or minus (-). These symbols 

indicate only an increase (+) or a 

decrease (-) in the effect upon 

the resource, not whether the 

effect is beneficial or adverse.

Critical Area Planting 

(342)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
Multiple Zones International, Inc. fiscal year ended 12/31/99 consolidated
financial statements and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          25,774
<SECURITIES>                                         0
<RECEIVABLES>                                   35,128
<ALLOWANCES>                                     2,644
<INVENTORY>                                     17,752
<CURRENT-ASSETS>                                79,497
<PP&E>                                          22,811
<DEPRECIATION>                                  11,376
<TOTAL-ASSETS>                                  96,494
<CURRENT-LIABILITIES>                           62,194
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        39,184
<OTHER-SE>                                     (7,344)
<TOTAL-LIABILITY-AND-EQUITY>                    96,494
<SALES>                                        487,410
<TOTAL-REVENUES>                               487,410
<CGS>                                          438,643
<TOTAL-COSTS>                                  438,643
<OTHER-EXPENSES>                                57,551
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 512
<INCOME-PRETAX>                                (9,296)
<INCOME-TAX>                                   (2,637)
<INCOME-CONTINUING>                            (6,659)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,659)
<EPS-BASIC>                                     (0.50)
<EPS-DILUTED>                                   (0.50)


</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          OCT-31-1997
<PERIOD-START>                             NOV-01-1996
<PERIOD-END>                               OCT-31-1997
<CASH>                                          59,619
<SECURITIES>                                         0
<RECEIVABLES>                                  218,428
<ALLOWANCES>                                     1,500
<INVENTORY>                                    395,480
<CURRENT-ASSETS>                               811,447
<PP&E>                                       3,349,015
<DEPRECIATION>                                 207,459
<TOTAL-ASSETS>                               5,599,641
<CURRENT-LIABILITIES>                        2,069,219
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        36,969
<OTHER-SE>                                   3,176,279
<TOTAL-LIABILITY-AND-EQUITY>                 5,599,641
<SALES>                                      1,831,401
<TOTAL-REVENUES>                             1,831,401
<CGS>                                        1,388,234
<TOTAL-COSTS>                                5,252,823
<OTHER-EXPENSES>                               159,134
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (71,421)
<INCOME-PRETAX>                            (3,509,135)
<INCOME-TAX>                                  (85,501)
<INCOME-CONTINUING>                        (3,515,822)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,515,822)
<EPS-PRIMARY>                                   (0.95)
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-25-1998
<PERIOD-END>                               JUN-26-1998
<CASH>                                      30,508,265
<SECURITIES>                                         0
<RECEIVABLES>                               29,151,378
<ALLOWANCES>                               (1,433,300)
<INVENTORY>                                 32,055,286
<CURRENT-ASSETS>                            93,012,705
<PP&E>                                       8,300,074
<DEPRECIATION>                             (4,401,713)
<TOTAL-ASSETS>                             120,245,496
<CURRENT-LIABILITIES>                       22,864,185
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                   103,344,175
<OTHER-SE>                                 (6,462,864)
<TOTAL-LIABILITY-AND-EQUITY>               120,245,496
<SALES>                                     93,204,244
<TOTAL-REVENUES>                            93,204,244
<CGS>                                       66,292,163
<TOTAL-COSTS>                               66,292,163
<OTHER-EXPENSES>                            18,395,567
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           (774,922)
<INCOME-PRETAX>                              9,291,436
<INCOME-TAX>                                 3,509,400
<INCOME-CONTINUING>                          5,782,036
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,782,036
<EPS-PRIMARY>                                     0.43
<EPS-DILUTED>                                     0.43
        

</TABLE>
# C_2004217EN.01001703.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/17 |
| --- | --- | --- | --- |

28.8.2004

EN

Official Journal of the European Union

C 217/17

---

Reference for a preliminary ruling by the Tribunal de Police, Neufchâteau (Belgium) by judgment of that court of 4 June 2004 in the case of Ministère Public against Léon Henri Schmitz

(Case C-291/04)

(2004/C 217/33)

Reference has been made to the Court of Justice of the European Communities for a preliminary ruling by judgment of the Tribunal de Police, Neufchâteau (Belgium) of 4 June 2004, in the case of Ministère Public against Léon Henri Schmitz, which was received at the Court Registry on 9 July 2004.

The Tribunal de Police, Neufchâteau (Belgium) asks the Court of Justice to give a preliminary ruling on the following question:

Do Articles 10, 39, 43 and 49 of the EEC Treaty preclude a Member State from adopting a measure requiring a worker who is resident within its territory to register his vehicle there even when that vehicle belongs to his employer, a company established in another Member State and to which that worker is linked by an employment contract but in which at the same time he occupies the position of shareholder, director, day-to-day manager or similar?

---
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## APPENDIX F **Nonroad Sources Bureau of Air Quality**  **Department of Environmental Protection**This page blank for cop ying purposes.