alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2020423EN.01001901.xml

| 7.12.2020 | EN | Official Journal of the European Union | C 423/19 |
| --- | --- | --- | --- |

7.12.2020

EN

Official Journal of the European Union

C 423/19

---

Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Szczecinie (Poland) lodged on 6 August 2020 — A.M. v Dyrektor Z. Oddziału Regionalnego Agencji Restrukturyzacji i Modernizacji Rolnictwa

(Case C-373/20)

(2020/C 423/26)

Language of the case: Polish

Referring court

Wojewódzki Sąd Administracyjny w Szczecinie

Parties to the main proceedings

Applicant: A.M.

Defendant: Dyrektor Z. Oddziału Regionalnego Agencji Restrukturyzacji i Modernizacji Rolnictwa

Question referred

Is the national authorities’ interpretation of the definition of ‘permanent pasture’ — set out in Article 2(c) of Commission Regulation (ΕC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (1)– as meaning that the natural periodic flooding of meadows and pastures situated in a special environmental protection zone (Natura 2000 Area; Ińsko Landscape Park) makes those areas of land subject to ‘crop rotation’, resulting in an interruption of the period of five years (or more) of not being subject to that ‘crop rotation’, with the result that it also constitutes a ground for withdrawing or reducing agri-environmental payments to the farmer, as well as further financial consequences connected with the interruption of the continuity of the five-year period for the implementation of an agri-environmental programme, correct?

---

(1)  OJ 2009 L 316, p. 1.

---
# C_2021206EN.01002401.xml

| 31.5.2021 | EN | Official Journal of the European Union | C 206/24 |
| --- | --- | --- | --- |

31.5.2021

EN

Official Journal of the European Union

C 206/24

---

Judgment of the General Court of 17 March 2021 — Steinel v EUIPO (MobileHeat)

(Case T-226/20) (1)

(EU trade mark - Application for the EU word mark MobileHeat - Relative ground for refusal - Descriptive nature - Article 7(1)(c) of Regulation (EU) 2017/1001)

(2021/C 206/30)

Language of the case: German

Parties

Applicant: Steinel GmbH (Herzebrock-Clarholz, Germany) (represented by: M. Breuer and K. Freudenstein, lawyers)

Defendant: European Union Intellectual Property Office (represented by: E. Markakis, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 3 February 2020 (Case R 2472/2019-2) concerning an application for registration of the word sign MobileHeat as an EU trade mark.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Steinel GmbH to pay the costs. |
| --- | --- |

2.

Orders Steinel GmbH to pay the costs.

---

(1)  OJ C 201, 15.6.2020.

---
**EXHIBIT 31.1**

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

I, Kevin J. Kennedy, certify that: 

1. I have reviewed this quarterly report on Form 10-Q of Avaya Inc.; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material factnecessary 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 allmaterial 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 and I are responsible for establishing and maintaining disclosure controls andprocedures (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 bedesigned 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 isbeing prepared; 

(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures 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 thatoccurred during the registrant’s most recent fiscal quarter 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 and I have disclosed, based on our most recent evaluation of internal control overfinancial 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 overfinancial 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 inthe registrant’s internal control over financial reporting. 

Date: August 11, 2010
Shameka Daniel MORRIS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-3272

District Court of Appeal of Florida, Second District.

Opinion filed March 6, 2019.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Federal Aviation
Administration

Memorandum

Date: August 18, 2009
To: Aircraft Accident File TEB-ATCT-0078
From: Newark Airport Traffic Control Tower

Subject: INFORMATION: Partial Transcript
Aircraft Accident, N71MC/N401LH
Hoboken, NJ, August 08, 2009

This transcription covers the Newark Airport Traffic Control Tower (ATCT) CBA AC
position. for the time period from August 08, 2009, 1547 UTC, to August 08, 2009,

1559 UTC,
Agencies Making Transmissions Abbreviations
Newark Radar Position EWR
Teterboro Local Control TEB

I hereby certify that the following is a true transcription of the recorded
conversations pertaining to the subject aircraft accident involving N71MC.

WD

Tom Donnell
Support Specialist

Newark ATCT

1547

(1548-1551)

1552

1552:19

1552:28

1552:32

1552:34

1552:36

EWR

TEB

EWR

TEB

EWR

hey teterboro newark would you switch that guy * (maybe)
put him on a two twenty heading to. get away from that
other traffic please

say again newark

can you switch that p a thirty two

i did - - - keep an eye on him though

i'm not talking to him so



TEB-ATCT-0078
N71MC/N401LH

Page 2 of 2

1552:38 TEB

1552:44 EWR
1553

1553:17 TEB

1553:19 EWR
1554

(1555-1558)
1559

one mike charlie newark is twenty seven eighty five he's
lost in the hertz try him again

one mike charlie newark

newark teterboro did you get him yet

nope

End of Transcript

*This portion of the re-recording is not entirely clear, but this represents the
best interpretation possible under the circumstances.
N OTE : This disposition is nonprecedential.


# United States Court of Appeals **for the Federal Circuit**

______________________

IN RE BRETT A. PANTALONE

AND DANIEL P. HOMILLER

____________________

2012-1301 (Serial No. 10/869,388)

______________________

Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences.

______________________

JUDGMENT

______________________

E DWARD H. G REEN

, III, Coasts & Bennett, PLLC, of Cary, North Carolina, for appellants.

R AYMOND T. C HEN , Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia. With him on the brief were

W ILLIAM L A M ARCA and J OSEPH G. P ICCOLO , Associate

Solicitor.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (D YK

, M OORE , and Reyna, Circuit Judges ).AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

December 4, 2012 /s/ Jan Horbaly

Date Jan Horbaly

Clerk
Paul O. SCHWARZENBERGER, M.D., and Clinical Oncology Research Associates, L.L.C. v. LOUISIANA STATE UNIVERSITY HEALTH SCIENCES CENTER- NEW ORLEANS and The LSU Board of Supervisors

NO. 2018-CC-1966

Supreme Court of Louisiana.

January 28, 2019

Denied.
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# C_2021028EN.01002801.xml

| 25.1.2021 | EN | Official Journal of the European Union | C 28/28 |
| --- | --- | --- | --- |

25.1.2021

EN

Official Journal of the European Union

C 28/28

---

Request for a preliminary ruling from the Kúria (Hungary) lodged on 6 November 2020 — EuroChem Agro Hungary Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

(Case C-583/20)

(2021/C 28/44)

Language of the case: Hungarian

Referring court

Kúria

Parties to the main proceedings

Appellant: EuroChem Agro Hungary Kft.

Respondent: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Questions referred

| 1. | Must Article 273 of the VAT Directive (1) be interpreted as meaning that a penalty regime under which taxpayers classified as high-risk taxpayers who commit a minor infringement of the Elektronikus Közúti Áruforgalom Ellenőrző Rendszer (EKAER) (Road freight electronic monitoring system) may not be fined less than 30 % of 40 % of the value of the transported goods and which does not allow for the fine to be waived exceeds the limits of the power conferred on Member States by that article? |
| --- | --- |

1.

Must Article 273 of the VAT Directive (1) be interpreted as meaning that a penalty regime under which taxpayers classified as high-risk taxpayers who commit a minor infringement of the Elektronikus Közúti Áruforgalom Ellenőrző Rendszer (EKAER) (Road freight electronic monitoring system) may not be fined less than 30 % of 40 % of the value of the transported goods and which does not allow for the fine to be waived exceeds the limits of the power conferred on Member States by that article?

| 2. | Must Article 273 of the VAT Directive be interpreted as meaning that a penalty of the abovementioned amount goes (disproportionately) beyond what is necessary to achieve the objective of collecting VAT and preventing evasion established in that article? |
| --- | --- |

2.

Must Article 273 of the VAT Directive be interpreted as meaning that a penalty of the abovementioned amount goes (disproportionately) beyond what is necessary to achieve the objective of collecting VAT and preventing evasion established in that article?

| 3. | Must Article 26(2) of the Treaty on the Functioning of the European Union (TFEU) be interpreted as meaning that the penalty regime applicable to high-risk taxpayers is an obstacle to achieving the principle of free movement of goods, persons, services and capital? |
| --- | --- |

3.

Must Article 26(2) of the Treaty on the Functioning of the European Union (TFEU) be interpreted as meaning that the penalty regime applicable to high-risk taxpayers is an obstacle to achieving the principle of free movement of goods, persons, services and capital?

---

(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).

---
**Exhibit 32**
   
  **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 Mpower Holding Corporation (the "Company") on Form 10-Q for the period ending June 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Rolla P. Huff, Chief Executive Officer of the Company and S. Gregory Clevenger, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of our 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.   /s/ Rolla P. Huff


/s/ S. Gregory ClevengerRolla P. HuffChief Executive OfficerAugust 6, 2004


S. Gregory ClevengerChief Financial OfficerAugust 6, 2004
III 

118TH CONGRESS 

2D SESSION S. RES. 701 

Designating the week of May 19 through May 25, 2024, as ‘‘National Public 

Works Week’’. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2024 

Mr. CARPER (for himself, Mrs. CAPITO, Mr. BOOZMAN, Mr. CARDIN, Mr. 

CRAMER, Mr. KELLY, Mr. WICKER, Mr. WHITEHOUSE, and Ms. LUMMIS) 

submitted the following resolution; which was considered and agreed to 

RESOLUTION 

Designating the week of May 19 through May 25, 2024, 

as ‘‘National Public Works Week’’. 

Whereas public works professionals work around the clock to 

ensure the vital infrastructure, facilities, and services of 

communities to deliver dependable, sustainable, and resilient human needs that include the health, safety, and 

well-being of the people of the United States, while advancing the quality of life for all; 

Whereas public works infrastructure, facilities, and services 

could not be provided without the dedicated efforts of 

public works professionals who represent Federal, State, 

and local governments, and private sector organizations 

throughout the United States; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•SRES 701 ATS 

Whereas public works professionals design, build, operate, 

and maintain the transportation systems, water infrastructure, sewage and refuse disposal systems, public 

buildings, sanitation and waste management systems, and 

other structures and facilities that are vital to the people 

and communities of the United States; 

Whereas many public works professionals are first responders 

and are the first to arrive and last to leave a natural disaster area or incident scene; and 

Whereas understanding the role that public infrastructure 

plays in protecting the environment, improving public 

health and safety, contributing to economic vitality, and 

enhancing the quality of life of every community of the 

United States is in the interest of the people of the 

United States: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates the week of May 19 through May 

3 25, 2024, as ‘‘National Public Works Week’’; 

4 (2) recognizes and celebrates the important 

5 contributions that public works professionals make 

6 every day to improve— 

7 (A) the public infrastructure of the United 

8 States; and 

9 (B) the health, safety, and well-being of 

10 our communities that public works professionals 

11 serve; and 

12 (3) urges individuals and communities through13 out the United States to join with representatives of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•SRES 701 ATS 

1 the Federal Government and the American Public 

2 Works Association in activities and ceremonies that 

3 are designed— 

4 (A) to pay tribute to the public works pro5 fessionals of the United States; and 

6 (B) to recognize the substantial contribu7 tions that public works professionals make to 

8 the United States. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
# C_2020209EN.01000401.xml

| 22.6.2020 | EN | Official Journal of the European Union | C 209/4 |
| --- | --- | --- | --- |

22.6.2020

EN

Official Journal of the European Union

C 209/4

---

Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg (Germany) lodged on 4 February 2020 — AR v Stadt Pforzheim

(Case C-56/20)

(2020/C 209/06)

Language of the case: German

Referring court

Verwaltungsgerichtshof Baden-Württemberg

Parties to the main proceedings

Applicant: AR

Defendant: Stadt Pforzheim

Question referred

Does EU law, in particular Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences, (1) preclude provisions of national law under which, where a decision refusing to recognise the validity of a driving licence, within the meaning of the second subparagraph of Article 11(4) of Directive 2006/126/EC, is adopted, the foreign EC card driving licence of a person who does not have normal residence in national territory must be submitted to the decision-making national authority without delay so that the latter can record in the driving licence that that person does not have a right to drive in national territory; the endorsement (indicating a ban) usually being entered on an EC card driving licence by affixing a red ‘D’, crossed out by a diagonal line, to space 13 (for example by means of a sticker)?

---

(1)  OJ 2006 L 403, p. 18.

---
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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 Quarterly Report of RxBazaar, Inc. (the "Company")
on Form 10-QSB for the period ended June 30, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Bruce C. Warwick,
Treasurer, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906
of the Sarbanes-Oxley Act, 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 result of operations of the Company.

/s/ Bruce C. Warwick
------------------------------------------
Bruce C. Warwick
Treasurer

August 14, 2003



     A signed original of this written statement required by Section 906 has
been provided to RxBazaar, Inc. and will be retained by RxBazaar, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

TREY DARON GUNTER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 408 WAL 2019

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 6th day of May, 2020

, the Petition for Allowance of Appeal is

DENIED

.
-26

t 2%“: i the