alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2005143EN.01001102.xml

| 11.6.2005 | EN | Official Journal of the European Union | C 143/11 |
| --- | --- | --- | --- |

11.6.2005

EN

Official Journal of the European Union

C 143/11

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 14 April 2005

in Case C-519/03: Commission of the European Communities v Grand Duchy of Luxembourg (1)

1

(Framework agreement on parental leave - Substitution of maternity leave for parental leave - Date from which an individual right to parental leave is granted)

(2005/C 143/13)

Language of the case: French

In Case C-519/03 Commission of the European Communities (Agent: D. Martin) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action under Article 226 EC for failure to fulfil obligations, brought on 12 December 2003 — the Court (Third Chamber), composed of A. Borg Barthet (Rapporteur), acting for the President of the Third Chamber, J.-P. Puissochet, S. von Bahr, U. Lõhmus and A. Ó Caoimh, Judges; A. Tizzano, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 14 April 2005, in which it:

Commission of the European Communities

Grand Duchy of Luxembourg

| 1. | Declares that, by providing that the right to maternity leave or adoption leave arising during parental leave replaces the latter which must then come to an end, without its being possible for the parent to defer the portion of the parental leave which he or she was unable to take and by limiting the grant of the right to parental leave to parents of children born after 31 December 1998, or in respect of whom adoption proceedings were initiated after that date, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC; |
| --- | --- |

1.

Declares that, by providing that the right to maternity leave or adoption leave arising during parental leave replaces the latter which must then come to an end, without its being possible for the parent to defer the portion of the parental leave which he or she was unable to take and by limiting the grant of the right to parental leave to parents of children born after 31 December 1998, or in respect of whom adoption proceedings were initiated after that date, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC;

| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

---

(1)  OJ C 35 of 07.02.2004, p. 5.

1

---
**Conservation Practice Effects**

**Commonly Associated Practices:**Access Road , Animal Trails and Walkways, Clearing & Snagging, Constructed Wetland, Dike, Diversion, Dry Hydrant, Fence, Fish Passage, Fish Raceway or Tank, Grade Stabilization Structure, Grassed Waterway, Irrigation Canal or Lateral, Irrigation Pipeline, Irrigation System, Microirrigation, Livestock Pipeline, Open Channel, Pond Sealing or Lining, Bentonite Sealant, Pond Sealing or Lining, Compacted Clay Treatment, Pond Sealing or Lining, Flexible Membrane, Pond Sealing or Lining, Soil Dispersant, Recreation Land Grading and Shaping, Rock Barrier, Sediment Basin, Stream Crossing, Stream Habitat Improvement and Management, Streambank and Shoreline Protection, Structure for Water Control, Trails and Walkways, Water and Sediment Control Basin, Wetland Creation, Wetland Enhancement, Wetland Restoration.

**Note:**This worksheet contains general talking points for the conservation planner to discuss with the land user.  It is the first step towards an economic or financial analysis.  The second step would include identifying a specific site for analysis at the farm or field level, editing the template for local conditions, adding units and quantities of farm inputs and outputs.  The third step in the economic analysis is to place a dollar value on as many variables as possible, put all units in the same time frame, using amortization ($/Acres/Year) or net present value ($/Acre), so benefits and costs can be compared.  The fourth and final step would be to combine several conservation practices into a conservation system, which is how most conservation practices are applied at the field level. Data for the worksheet comes from the land user, conservation planner, technical specialist and local agricultural supply vendors and contractors.  See Economics Technical Note: TN 200-ECN-1, Basic Economic Analysis Using T-Charts (August 2013) for more information.
# C_2004272EN.01000101.xml

| 6.11.2004 | EN | Official Journal of the European Union | C 272/1 |
| --- | --- | --- | --- |

6.11.2004

EN

Official Journal of the European Union

C 272/1

---

Euro exchange rates (1)

1

5 November 2004

(2004/C 272/01)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2856 |
| JPY | Japanese yen | 136,51 |
| DKK | Danish krone | 7,4334 |
| GBP | Pound sterling | 0,69775 |
| SEK | Swedish krona | 9,108 |
| CHF | Swiss franc | 1,5316 |
| ISK | Iceland króna | 87,13 |
| NOK | Norwegian krone | 8,179 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5769 |
| CZK | Czech koruna | 31,455 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 245,65 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6782 |
| MTL | Maltese lira | 0,4315 |
| PLN | Polish zloty | 4,2904 |
| ROL | Romanian leu | 39 983 |
| SIT | Slovenian tolar | 239,8 |
| SKK | Slovak koruna | 39,855 |
| TRL | Turkish lira | 1 876 200 |
| AUD | Australian dollar | 1,6967 |
| CAD | Canadian dollar | 1,5507 |
| HKD | Hong Kong dollar | 9,9956 |
| NZD | New Zealand dollar | 1,8614 |
| SGD | Singapore dollar | 2,1331 |
| KRW | South Korean won | 1 427,79 |
| ZAR | South African rand | 7,9126 |

Currency

Exchange rate

USD

US dollar

1,2856

JPY

Japanese yen

136,51

DKK

Danish krone

7,4334

GBP

Pound sterling

0,69775

SEK

Swedish krona

9,108

CHF

Swiss franc

1,5316

ISK

Iceland króna

87,13

NOK

Norwegian krone

8,179

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5769

CZK

Czech koruna

31,455

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

245,65

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6782

MTL

Maltese lira

0,4315

PLN

Polish zloty

4,2904

ROL

Romanian leu

39 983

SIT

Slovenian tolar

239,8

SKK

Slovak koruna

39,855

TRL

Turkish lira

1 876 200

AUD

Australian dollar

1,6967

CAD

Canadian dollar

1,5507

HKD

Hong Kong dollar

9,9956

NZD

New Zealand dollar

1,8614

SGD

Singapore dollar

2,1331

KRW

South Korean won

1 427,79

ZAR

South African rand

7,9126

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
<PAGE>   1
                                                                    Exhibit 28.2

                             SERVICER'S CERTIFICATE

                  (Pursuant to Section 3.5 of the Pooling and
                     Servicing Agreement referred to below)

                     MELLON BANK (DE) NATIONAL ASSOCIATION

                      MELLON BANK CREDIT CARD MASTER TRUST

                  The undersigned, a duly authorized representative of Mellon
Bank (DE) National Association, as Servicer ("Mellon Bank (DE)"), pursuant to
the Pooling and Servicing Agreement dated as of November 1, 1995 (as may be
amended and supplemented from time to time, the "Agreement"), among Mellon
Bank, (DE), as Transferor and Servicer, and The Bank of New York, as Trustee,
does hereby certify that:

         1.       Mellon Bank (DE) is, as of the date hereof, Servicer under
                  the Agreement. Capitalized terms used in this Certificate
                  have their respective meanings as set forth in the Agreement.

         2.       The undersigned is a Servicing Officer who is duly authorized
                  pursuant to the Agreement to execute and deliver this
                  Certificate to Trustee.

         3.       A review of the activities of Servicer during the fiscal year
                  ended December 31, 1996, and of its performance under the
                  Agreement was conducted under my supervision.

         4.       Based on such review, Servicer has, to the best of my
                  knowledge, performed in all material respects its obligations
                  under the Agreement throughout such year and no default in
                  the performance of such obligations has occurred or is
                  continuing.

                  IN WITNESS WHEREOF, the undersigned has duly executed this
Certificate this 27th day of March, 1997.


                                         MELLON BANK (DE) NATIONAL ASSOCIATION,
                                           Servicer

                                         By:  RAY DUGGINS
                                              ---------------------------------
                                              Name:  Ray Duggins
                                              Title: Senior Vice President
<PAGE>
                                                                    EXHIBIT 32.2

                   CERTIFICATION OF BRIAN C. HENRY 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 Onyx Software Corporation (the Company)
on Form 10-K for the period ended December 31, 2003, as filed with the
Securities and Exchange Commission (the Report), I, Brian C. Henry, certify,
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 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: March 12, 2004

By:        /s/ BRIAN C. HENRY
     -------------------------------
             BRIAN C. HENRY
      EXECUTIVE VICE PRESIDENT AND
        CHIEF FINANCIAL OFFICER
### -81 -80 -79 -78 -77 -76 -75 -74

36 37 38 39 40 

## ★

▲ ▲ ▲ ▲



## ★ ▲ ▲ ▲ ▲ 

### 500 1000 1500 100 18 12 06 00 08/15 

## NOAA HYSPLIT MODEL 

# Backward trajectory ending at 2300 UTC 15 Aug 07

EDAS Meteorological DataSource★at 38.90 N 76.65 WMeters AGL 

## ★ ■ ■

■ ■


## ★ ■ ■ ■ ■ 

## ★ ● ● ● ●



## ★ ● ● ● ●
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

In the Matter of C.S.G., Jr., a Juvenile

No. 06-22-00006-CV

Appeal from the County Court at Law of 

Bowie County, Texas (Tr. Ct. No. 

21JV0037-CCL). Memorandum Opinion 

delivered by Justice van Cleef, Chief 

Justice Morriss and Justice Stevens

participating.

As stated in the Court’s opinion of this date, we find reversible error in the judgment of 

the court below. Therefore, we reverse the juvenile court’s orders of adjudication and

disposition and remand the matter to the juvenile court for further proceedings consistent with 

this opinion. 

We further order that the appellee pay all costs of this appeal.

RENDERED SEPTEMBER 9, 2022

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
#### Ela and others, Copartners, Respondents, vs. Fitzgerald, Appellant.

For the appellant: *M. J. Fitzgerald*of Madison.

For the respondents: *John H. Esch*of Madison.

*By the Court.-*— Judgment affirmed.
# C_2005115EN.01002103.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/21 |
| --- | --- | --- | --- |

14.5.2005

EN

Official Journal of the European Union

C 115/21

---

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 10 January 2005

in Case T-209/04 Kingdom of Spain v Commission of the European Communities (1)

1

(Fisheries policy - Detailed rules and arrangements regarding Community structural assistance in the fisheries sector - Request for authorisation for the establishment of joint enterprises - Failure by the Commission to take a decision - Action for failure to act - Action manifestly unfounded)

(2005/C 115/41)

Language of the case: Spanish

In Case T-209/04: the Kingdom of Spain, represented by N. Díaz Abad, lawyer, with an address for service in Luxembourg, against the Commission of the European Communities (Agents: T. van Rijn and S. Pardo Quintillán) — action for failure to act seeking a declaration that the Commission has unlawfully omitted to take a decision on the authorisations requested by the Spanish authorities concerning the establishment of joint enterprises, in accordance with Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ 1999 L 337, p. 10), as amended by Council Regulation (EC) No 2369/2002 of 20 December 2002 (OJ 2002 L 358, p. 49) — the Court of First Instance (Third Chamber), composed of M. Jaeger, President, J. Azizi and E. Cremona, Judges; H. Jung, Registrar, made an order on 10 January 2005, the operative part of which is as follows:

| 1. | The action is dismissed so far as concerns the requests relating to the vessels Balcagia and Enterprace; |
| --- | --- |

1.

The action is dismissed so far as concerns the requests relating to the vessels Balcagia and Enterprace;

| 2. | There is no further need to adjudicate on the remainder of the action; |
| --- | --- |

2.

There is no further need to adjudicate on the remainder of the action;

| 3. | The applicant shall bear the costs. |
| --- | --- |

3.

The applicant shall bear the costs.

---

(1)  OJ C 201 of 7.8.2004.

1

---
* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in Local Rule

47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-20900

Summary Calendar

PAMALA D. BURGIN,

Plaintiff-Appellant,

versus

JOHN J. CALLAHAN, COMMISSIONER

OF SOCIAL SECURITY,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Texas

(H-96-CV-645)

April 15, 1997

Before POLITZ, Chief Judge, JONES AND SMITH, Circuit Judges.

PER CURIAM: *

Pamala Burgin appeals an adverse judgment granting the Commissioner’s

mo tion for summary judgment and affirming her decision respecting Burgin’s1 Gill v. Heckler

, 740 F.2d 396, 397 (5th Cir. 1984); see Thibodeaux v. Bowen

, 819 F.2d

76 (5th Cir. 1987).

2 February 1992 application for Supplemental Security Income benefits under

Title XVI of the Social Security Act and refusing to reopen a prior decision

denying disability benefits under Title II of the Social Security Act. Burgin

contends that the Commissioner erred in failing to: (1) consider her application for

disability benefits as a concurrent claim under Title II and Title XVI; and

(2) process her application in accordance with new guidelines requiring

consideration of an onset date of disability prior to the date of the SSI application.

Remand is necessary, Burgin maintains, for con sideration of the report of a

physician establishing an earlier disability onset date.

Burgin concedes that her insured status, and th us eligibility for Title II

benefits, expired during the period between September 30, 1991 and December 31,

1991, prior to the date of a final decision denying her previous Title II application.

A prior determination of nondisability is “binding on all parties to the hearing and

has a res judicata effect as to that record.” 1 Although the Commissioner may

reopen a prior application under some circumstances, the decision denying a

petition to reopen is not reviewable by this court except to the extent that the appeal2 Torres v. Shalala , 48 F.3d 887 (5th Cir. 1995) (citing Califano v. Sanders , 430 U.S.

99 (1977)).

3 raises a colorable constitutional question. 2 Burgin has not raised a colorable

constitutional question but, rather, merely attempts to circumvent the

nonappealability of the Commi ssioner’s decision denying her petition to reopen the

Title II application. Accordingly, the district court’s judgment affirming the

Commissioner’s decision is AFFIRMED.
#### Przybyszewski, Appellant, vs. Nash Sales, Inc., and others, Respondents.

For the appellant: *I. B. Padway*of Milwaukee.

For the respondents : *Harry V. Meissner*and *Maurice A. McCabe,*attorneys, and *Robert W. Hansen*of counsel, all of Milwaukee.

*By the Court.*

Judgment affirmed.
# C_2004314EN.01000902.xml

| 18.12.2004 | EN | Official Journal of the European Union | C 314/9 |
| --- | --- | --- | --- |

18.12.2004

EN

Official Journal of the European Union

C 314/9

---

Action brought on 4 November 2004 by the Commission of the European Communities against the Hellenic Republic

(Case C-469/04)

(2004/C 314/19)

An action against the Hellenic Republic was brought before the Court of Justice of the European Commission on 4 November 2004 by the Commission of the European Communities, represented by Yiorgos Zabbos and Arnaud Bordes, of the Commission's Legal Service.

The applicant claims that the Court should:

| — | Declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive 2002/60/EC (1) of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever and, in any event, by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive. |
| --- | --- |

—

Declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Council Directive 2002/60/EC (1) of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever and, in any event, by not notifying those provisions to the Commission, the Hellenic Republic has failed to fulfil its obligations under that directive.

1

| — | Order the Hellenic Republic to pay the costs. |
| --- | --- |

—

Order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period allowed for transposition of the directive into the national legal system expired on 30 June 2003.

---

(1)  
  OJ L 192 of 27 June 2002, p. 27.

1

---
# C_2004251EN.01001001.xml

| 9.10.2004 | EN | Official Journal of the European Union | C 251/10 |
| --- | --- | --- | --- |

9.10.2004

EN

Official Journal of the European Union

C 251/10

---

Appeal brought on 17 August 2004 by SEGI, A. Zubimendi Izaga, A. Galarraga against the order made on 7 June 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-338/02 between SEGI, A. Zubimendi Izaga, A. Galarraga and the Council of the European Union, supported by the Kingdom of Spain and the United Kingdom

(Case C-355/04 P)

(2004/C 251/18)

An appeal against the order made on 7 June 2004 by the Second Chamber of the Court of First Instance of the European Communities in Case T-338/02 between SEGI, A. Zubimendi Izaga, A. Galarraga and the Council of the European Union, supported by the Kingdom of Spain and the United Kingdom, was brought before the Court of Justice of the European Communities on 17 August 2004 by SEGI, A. Zubimendi Izaga, A. Galarraga.

The appellant claims that the Court should:

| 1. | hold that the present appeal is well-founded and annul the contested order; |
| --- | --- |

1.

hold that the present appeal is well-founded and annul the contested order;

| 2. | give, by virtue of Article 61 of the Protocol on the Statute of the Court of Justice, a final ruling on the present case and uphold the arguments put forward by the applicants at first instance, namely, to reiterate, order the defendant to pay compensation amounting to EUR 1 000 000 to the association SEGI and EUR 100 000 to each of the other two applicants, Araitz Zubimendi Izaga and Aritza Galarraga. Payment of default interest on those sums is sought at the rate of 4.5 % per annum from the date of the Court's judgment until payment is made. An order is sought that the Council bear its own costs and those of the applicants. |
| --- | --- |

2.

give, by virtue of Article 61 of the Protocol on the Statute of the Court of Justice, a final ruling on the present case and uphold the arguments put forward by the applicants at first instance, namely, to reiterate, order the defendant to pay compensation amounting to EUR 1 000 000 to the association SEGI and EUR 100 000 to each of the other two applicants, Araitz Zubimendi Izaga and Aritza Galarraga. Payment of default interest on those sums is sought at the rate of 4.5 % per annum from the date of the Court's judgment until payment is made. An order is sought that the Council bear its own costs and those of the applicants.

Pleas and main arguments

The pleas and main arguments relied on are identical to those in Case C-354/04 P.

---
**Conservation Practice Effects**

**Commonly Associated Practices:**Access Control , Critical Area Planting, Dust Control on Unpaved Roads and Surfaces, Firebreak, Forest Stand Improvement, Fuel Break, Prescribed Grazing, Sediment Basin, Structure for Water Control, Tree/Shrub Pruning, Upland Wildlife Habitat Management, Woody Residue Treatment.

**Note:**This worksheet contains general talking points for the conservation planner to discuss with the land user.  It is the first step towards an economic or financial analysis.  The second step would include identifying a specific site for analysis at the farm or field level, editing the template for local conditions, adding units and quantities of farm inputs and outputs.  The third step in the economic analysis is to place a dollar value on as many variables as possible, put all units in the same time frame, using amortization ($/Acres/Year) or net present value ($/Acre), so benefits and costs can be compared.  The fourth and final step would be to combine several conservation practices into a conservation system, which is how most conservation practices are applied at the field level. Data for the worksheet comes from the land user, conservation planner, technical specialist and local agricultural supply vendors and contractors.  See Economics Technical Note: TN 200-ECN-1, Basic Economic Analysis Using T-Charts (August 2013) for more information.