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# C_2016136EN.01000201.xml

| 18.4.2016 | EN | Official Journal of the European Union | C 136/2 |
| --- | --- | --- | --- |

18.4.2016

EN

Official Journal of the European Union

C 136/2

---

Order of the Court (Fourth Chamber) of 21 January 2016 — Alcoa Trasformazioni Srl v European Commission, Italian Republic

(Case C-604/14 P) (1)

1

((Appeal - Article 181 of the Rules of Procedure of the Court - State aid - Aid granted by the Italian Republic in favour of Alcoa Trasformazioni Srl - Reimbursement by the Equalisation Fund of part of the electricity costs invoiced to that company by its supplier - Incompatibility with the common market - Advantage - European Commission required to undertake an economic analysis))

(2016/C 136/02)

Language of the case: Italian

Parties

Parties

Appellant: Alcoa Trasformazioni Srl (represented by: O.W. Brouwer, advocaat, T. Salonico and M. Siragusa, avvocati)

Appellant:

Other parties to the proceedings: European Commission (represented by: V. Di Bucci and É. Gippini Fournier, acting as Agents), Italian Republic

Other parties to the proceedings:

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Alcoa Trasformazioni Srl shall pay the costs. |
| --- | --- |

2.

Alcoa Trasformazioni Srl shall pay the costs.

---

(1)  OJ C 89, 16.3.2015.

1

---
<TABLE>
<CAPTION>

                                                     EXHIBIT 11.1
                                            ESPEY MFG. & ELECTRONICS CORP.
                                        Computation of per Share Net Income as
                                         Disclosed in Item 14 of Form 10-KSB

                                                                  Five years ended June 30,

                                             2006            2005            2004           2003             2002
                                        -------------   -------------   -------------   -------------   -------------
<S>                                         <C>             <C>             <C>             <C>             <C>
Computation of net income
     per share:

         BASIC
         Weighted average
         number of primary
         shares outstanding .........       2,012,761       2,021,234       2,027,326       2,050,400       2,061,112
                                        =============   =============   =============   =============   =============

Net income ..........................   $   1,558,016   $     978,920   $     960,826   $     964,700   $     545,754
                                        =============   =============   =============   =============   =============


Per share-basic .....................   $         .77   $         .48   $         .48   $         .47   $         .27
                                        =============   =============   =============   =============   =============

         DILUTED
         Weighted average
         number of primary
         shares outstanding .........       2,049,455       2,043,208       2,044,688       2,055,372       2,069,808
                                        =============   =============   =============   =============   =============

         Net effect of
         dilutive stock
         options based on
         treasury stock
         method .....................          36,694          21,974          17,362           4,972           8,696
                                        =============   =============   =============   =============   =============

Net income ..........................   $   1,558,016   $     978,920   $     960,826   $     964,700   $     545,754
                                        =============   =============   =============   =============   =============

Per share-diluted ...................   $         .76   $         .48   $         .47   $         .47   $         .27
                                        =============   =============   =============   =============   =============

</TABLE>

32
<PAGE>
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 Loudeye Corp. (the "Company")
on Form 10-Q/A for the period ending September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffrey
M. Cavins, Chief Executive Officer and President 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 as of the date of the financial statements contained therein.

/s/ Jeffrey M. Cavins
---------------------
Jeffrey M. Cavins
Chief Executive Officer and President
November 23, 2004


                                       66
Exhibit 32.1  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18
U.S.C. SECTION 1350)  In connection with
the Quarterly Report of DigitalTown, Inc. (the Company), on Form 10-Q
for the period ended May 31, 2009 as filed with the Securities and Exchange
Commission (the Report), the undersigned hereby certifies, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 135)), that to
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 result of operations of the Company.   Date: July 15, 2009   /s/ Jan K.
Andersen Jan K. Andersen CEO            Exhibit 32.2  CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18
U.S.C. SECTION 1350)  In connection with
the Quarterly Report of DigitalTown, Inc. (the Company), on Form 10-Q
for the period ended May 31, 2009 as filed with the Securities and Exchange
Commission (the Report), the undersigned hereby certifies, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 135)), that to
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 result of operations of the
Company.   Date: July 15, 2009   /s/ Paul R.
Gramstad Paul R. Gramstad CFO
# C_2015398EN.01002301.xml

| 30.11.2015 | EN | Official Journal of the European Union | C 398/23 |
| --- | --- | --- | --- |

30.11.2015

EN

Official Journal of the European Union

C 398/23

---

Order of the President of the Third Chamber of the Court of 1 September 2015 — Cemex SAB. de CV, New Sunward Holding BV, Cemex España SA, Cemex Deutschland AG, Cemex UK, Cemex Czech Operations s.r.o., Cemex France Gestion, Cemex Austria AG v European Commission

(Case C-265/14 P) (1)

1

(2015/C 398/29)

Language of the case: Spanish

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

---

(1)  OJ C 253, 4.8.2014.

1

---
EXHIBIT 32.2
 Certification of the Principal Financial Officer pursuant to 18 U.S.C. Section 1350,
 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 
 In connection with this annual report of Espey Mfg. & Electronics Corp. (the "Company") on Form 10-K for the period ended June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “report”), I, David O’Neil, Principal 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 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 this report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 Date: September 8, 2011
 
 /s/David O’NeilDavid O’NeilTreasurer and Principal Financial Officer
[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Notices]
[Page 36676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17891]



[[Page 36676]]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. GT98-64-000]


Southern Natural Gas Company; Notice of Refund Report

June 30, 1998.
    Take notice that on June 25, 1998 Southern Natural Gas Company 
(Southern) tendered for filing with the Commission a Refund Report 
reflecting its refund of certain amounts to its eligible firm shippers. 
These amounts represent a flow-through of refunds received from the Gas 
Research Institute (GRI).
    The report states that Southern refunded $1,546,985 to its eligible 
shippers on June 12, 1998, which represents the amount received from 
GRI as required by the Commission's Order dated February 22, 1996.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.W., Washington, D.C. 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed on or 
before July 7, 1998. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceedings. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-17891 Filed 7-6-98; 8:45 am]
BILLING CODE 6717-01-M
#### The People of the State of New York ex rel. Nora Carroll, on Behalf of Douglas Harris, Petitioner, v Cynthia Brann, Respondent.

[58 NYS3d 865]

Writ of habeas corpus in *929.the nature of an application for bail reduction upon Kings County indictment Nos. 5839/17 and 5799/17.

Adjudged that the writ is sustained, without costs or disbursements, to the extent of reducing bail on Kings County indictment No. 5839/17, upon the consent of the respondent, to the sum of $1 cash, and the writ is otherwise dismissed; and it is further,

Ordered that upon receipt of a copy of this decision, order and judgment together with proof that the defendant has deposited the sum of $1 cash with respect to Kings County indictment No. 5839/17, and that, in accordance with the bail set by the Supreme Court, Kings County, under indictment No. 5799/17, the defendant has given an insurance company bail bond in the amount of $25,000 or has deposited the sum of $15,000 as a cash bail alternative with respect to indictment No. 5799/17, the Warden of the facility at which the defendant is incarcerated, or his or her agent, is directed to immediately release the defendant.

Mastro, J.P., Austin, Duffy and Christopher, JJ., concur.
Exhibit
      32





**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**





In
      connection with the Quarterly Report of DigitalTown, Inc. (the
*“Company”*), on Form 10-Q for the period ending May 31, 2007 as filed
      with the Securities and Exchange Commission (the *“Report”*), I, Richard
      A. Pomije, Chief Executive Officer and Chief Financial Officer of the Company,
      certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
      Section 135)), that to 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 result of operations of the
                Company.







Date:
      July 13, 2007





/s/
      Richard A.
      Pomije


Richard
      A. Pomije


Chief
      Executive Officer and


Chief
      Financial Officer




































---
# C_2016156EN.01000901.xml

| 2.5.2016 | EN | Official Journal of the European Union | C 156/9 |
| --- | --- | --- | --- |

2.5.2016

EN

Official Journal of the European Union

C 156/9

---

Judgment of the Court (Grand Chamber) of 8 March 2016 — Hellenic Republic v European Commission

(Case C-431/14 P) (1)

1

((Appeal - State aid - Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 - Decision declaring aid incompatible with the internal market and ordering its recovery - Concept of ‘State aid’ - Article 107(3)(b) TFEU - Guidelines for State aid in the agricultural sector - Obligation to state reasons - Distortion of evidence))

(2016/C 156/11)

Language of the case: Greek

Parties

Parties

Appellant: Hellenic Republic (represented by: I. Chalkias and A. Vasilopoulou, acting as Agents)

Appellant:

Other party to the proceedings: European Commission (represented by: A. Bouchagiar, R. Sauer and D. Triantafyllou, acting as Agents)

Other party to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders the Hellenic Republic to pay the costs. |
| --- | --- |

2.

Orders the Hellenic Republic to pay the costs.

---

(1)  OJ C 395, 10.11.2014.

1

---
# C_2013101EN.01002301.xml

| 6.4.2013 | EN | Official Journal of the European Union | C 101/23 |
| --- | --- | --- | --- |

6.4.2013

EN

Official Journal of the European Union

C 101/23

---

Action brought on 30 January 2013 — ClientEarth and Stichting BirdLife Europe v Commission

(Case T-56/13)

2013/C 101/50

Language of the case: English

Parties

Parties

Applicants: ClientEarth (London, United Kingdom); and Stichting BirdLife Europe (Zeist, Netherlands) (represented by: O. Brouwer, lawyer)

Applicants:

Defendants: European Commission

Defendants:

Form of order sought

Form of order sought

The applicants claim that the Court should:

| — | Annul the defendant’s refusal of their request for access to the latest draft of a literature review, on the so-called ‘carbon-debt’ of bioenergy derived from biomass, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, and Regulation (EC) No 1367/2006 on the application of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and Bodies; and |
| --- | --- |

—

Annul the defendant’s refusal of their request for access to the latest draft of a literature review, on the so-called ‘carbon-debt’ of bioenergy derived from biomass, pursuant to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, and Regulation (EC) No 1367/2006 on the application of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community Institutions and Bodies; and

| — | Order the defendant to pay applicants’ costs for conducting these proceedings including the costs of any intervening parties. |
| --- | --- |

—

Order the defendant to pay applicants’ costs for conducting these proceedings including the costs of any intervening parties.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicants rely on a single plea in law.

The applicants contend that as a result of its failure to address them with an express decision regarding their request for access within the time-limits for the processing of confirmatory applications contained in Articles 8(1) and 8(2) of Regulation (EC) No 1049/2001, the defendant impliedly refused access within the meaning of Article 8(3). Further, the applicants state that this implied refusal decision was unmotivated and therefore they submit that it should be annulled for the reason of the Commission’s breach of its obligation to state reasons under Article 8(1) of Regulation (EC) No 1049/2001, Article 41(2), 3rd indent of the Charter of Fundamental Rights of the European Union and Article 296 TFEU.

rd

---
Filed 4/7/09 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2009 ND 54

State of North Dakota, Plaintiff and Appellee

v.

David Kunze, Defendant and Appellant

No. 20080253

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.

AFFIRMED.

Per Curiam.

Cynthia Mae Feland, Assistant State’s Attorney, Burleigh County Courthouse, 514 East Thayer, Bismarck, ND 58501-4413, for plaintiff and appellee.

Wayne D. Goter, 723 Memorial Highway, P.O. Box 1552, Bismarck, ND 58502-1552, for defendant and appellant.

State v. Kunze

No. 20080253

Per Curiam.

[¶1]David Kunze appeals the district court’s judgment entered after a jury found him guilty of contact by bodily fluids with a law enforcement officer, in violation of N.D.C.C. § 12.1-17-11(1)(a).  Kunze argues insufficient evidence exists to support the guilty verdict.

[¶2]The district court’s judgment is affirmed under N.D.R.App.P. 35.1(a)(3).

[¶3]Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Mary Muehlen Maring

Carol Ronning Kapsner

Kirk Smith, S.J.

[¶4]The Honorable Kirk Smith, S.J., sitting in place of Sandstrom, J., disqualified.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2382 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2382

 To amend the Tariff Act of 1930 to provide parity between the United 
 States and certain free trade agreement countries with respect to the 
   exemption for personal and household effects purchased abroad by 
              returning residents, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

              August 12 (legislative day, August 11), 1994

 Mr. Bingaman introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Tariff Act of 1930 to provide parity between the United 
 States and certain free trade agreement countries with respect to the 
   exemption for personal and household effects purchased abroad by 
              returning residents, and for other purposes.

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

SECTION 1. DUTY-FREE TREATMENT FOR PERSONAL AND HOUSEHOLD GOODS.

    (a) In General.--Section 321(b) of the Tariff Act of 1930 (19 
U.S.C. 1321(b)) is amended by striking ``The Secretary'' and inserting 
``(1) The Secretary'', and by adding at the end the following new 
paragraph:
            ``(2) Notwithstanding any other provision of law, in the 
        case of returning residents and nonresidents arriving in the 
        United States from a country--
                    ``(A) that is contiguous to the United States, and
                    ``(B) with respect to which the United States has a 
                free trade agreement,
        the amount of the exemption provided pursuant to this section 
        shall not exceed an amount equal to the exemption for personal 
        and household effects acquired in the United States provided by 
        such country to residents returning to (or nonresidents 
        arriving in) such country.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to goods described in section 321(a)(2) of the Tariff Act of 1930, that 
are entered or withdrawn from warehouse for consumption on or after the 
date that is 15 days after the date of the enactment of this Act.
                                 <all>
```