alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017221EN.01001501.xml

| 10.7.2017 | EN | Official Journal of the European Union | C 221/15 |
| --- | --- | --- | --- |

10.7.2017

EN

Official Journal of the European Union

C 221/15

---

Reference for a preliminary ruling from the Supreme Court (Ireland) made on 12 May 2017 — Ryanair Ltd v The Revenue Commissioners

(Case C-249/17)

(2017/C 221/19)

Language of the case: English

Referring court

Referring court

Supreme Court

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ryanair Ltd

Applicant:

Defendant: The Revenue Commissioners

Defendant:

Questions referred

Questions referred

| 1. | Can a future intention to provide management services to a takeover target, in the event that the takeover is successful, be sufficient to establish that the potential acquirer is engaged in economic activity for the purposes of Art. 4 of the Sixth VAT Directive (1) so that VAT charged to the potential acquirer on goods or services provided for the purposes of seeking to progress the relevant acquisition can potentially be considered as VAT on an input to the intended economic activity of providing such management services; and |
| --- | --- |

1.

Can a future intention to provide management services to a takeover target, in the event that the takeover is successful, be sufficient to establish that the potential acquirer is engaged in economic activity for the purposes of Art. 4 of the Sixth VAT Directive (1) so that VAT charged to the potential acquirer on goods or services provided for the purposes of seeking to progress the relevant acquisition can potentially be considered as VAT on an input to the intended economic activity of providing such management services; and

1

| 2. | Can there be a sufficient ‘direct and immediate link’, as identified as a requirement by the CJEU in Cibo (2), between professional services rendered in the context of such a potential takeover and output, being the potential provision of management to the acquisition target in the event that the takeover is successful, so as to permit a deduction to be made in respect of the VAT payable on those professional services? |
| --- | --- |

2.

Can there be a sufficient ‘direct and immediate link’, as identified as a requirement by the CJEU in Cibo (2), between professional services rendered in the context of such a potential takeover and output, being the potential provision of management to the acquisition target in the event that the takeover is successful, so as to permit a deduction to be made in respect of the VAT payable on those professional services?

2

---

(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977, L 145, p. 1).

1

(2)  Judgment of 27 September 2001, Cibo Participations SA v Directeur régional des impôts du Nord-Pas-de-Calais, C-16/00, EU:C:2001:495.

2

Cibo Participations SA v Directeur régional des impôts du Nord-Pas-de-Calais

---
Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 1 of 7 PageID 478
 

 Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 2 of 7 PageID 479
 

 Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 3 of 7 PageID 480
 

 Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 4 of 7 PageID 481
 

 Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 5 of 7 PageID 482
 

 Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 6 of 7 PageID 483
 

 Case 3:05-cv-01440-B Document 35 Filed 02/23/06 Page 7 of 7 PageID 484
A.D.P. v. K.M.D.

2160608

Court of Civil Appeals of Alabama.

November 9, 2017 Reh. denied December 15, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Filed 10/20/15 P. v. Powell CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or 

ordered published for purposes of rule 8.111.5. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

 Plaintiff and Respondent,

v.

COLLIN RONALD POWELL, 

 Defendant and Appellant.

2d Crim. No. B263323

(Super. Ct. No. 2013028454)

(Ventura County)

Collin Ronald Powell appeals from the judgment entered after pleading guilty 

to two counts of gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. 

(a))1 and one count of driving with a .08 percent or higher blood alcohol level causing 

injuries to multiple victims, while driving with a blood alcohol content exceeding 0.15 

percent. (Veh. Code, §§ 23153, subds. (a)-(b); 23558; 23578). The trial court sentenced 

appellant to eight years state prison and ordered appellant to pay victim restitution (§ 

1202.4, subd. (f)), a $5,000 restitution fine (§ 1202.4, subd. (b)), a $5,000 parole revocation 

fine (§ 1202.45), a $2,377 fine (Veh. Code, § 23152, subd. (a), a $90 court security fee (§ 

1465.8), a $443.34 criminal justice fee, and a $120 criminal conviction assessment (Gov. 

Code, § 70373). 

 

1 Unless otherwise stated, all statutory references are to the Penal Code.
2

We appointed counsel to represent appellant in this appeal. After counsel’s 

examination of the record, he filed an opening brief in which no issues were raised. 

On September 1, 2015, we advised appellant that he had 30 days within which 

to personally submit any contentions or issues he wished us to consider. No response has 

been received. The record reflects that appellant was driving while intoxicated when his 

vehicle left the roadway and hit two utility trailers and a large construction backhoe. Two 

passengers in the vehicle died and a third passenger suffered major injuries. 

We have reviewed the entire record and are satisfied that appellant's attorney 

has fully complied with his responsibilities and that no arguable issues exist. (People v. 

Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.) 

The judgment is affirmed.

NOT TO BE PUBLISHED.

YEGAN, J.

We concur:

GILBERT, P.J.

PERREN, J.
3

David Hirsch, Judge

Superior Court County of Ventura

______________________________

California Appellate Project, under appointment by the Court of Appeal, 

Jonathan B. Steiner, Executive Director and Richard Lennon, Staff Attorney, for Appellant.

No appearance for Respondent.
# C_2018455EN.01001502.xml

| 17.12.2018 | EN | Official Journal of the European Union | C 455/15 |
| --- | --- | --- | --- |

17.12.2018

EN

Official Journal of the European Union

C 455/15

---

Judgment of the Court (Eighth Chamber) of 17 October 2018 — European Commission v Ireland

(Case C-504/17) (1)

((Failure of a Member State to fulfil obligations - Taxation of energy products and electricity - Directive 2003/96/EC - Articles 4 and 7 - Application of the minimum levels of taxation applicable to motor fuels - Directive 95/60/EC - Fiscal marking of gas oils and kerosene - Refuelling of private pleasure craft))

(2018/C 455/23)

Language of the case: English

Parties

Applicant: European Commission (represented by: F. Tomat and J. Tomkin, acting as Agents)

Defendant: Ireland (represented by: M. Browne, G. Hodge, J. Quaney and A. Joyce, acting as Agents, and by F. Callanan, Senior Counsel, and B. Doherty, Barrister-at-Law)

Operative part of the judgment

The Court:

| 1. | Declares that, by not ensuring that the minimum levels of taxation applicable to motor fuels laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity were applied to gas oil used as fuel for propelling private pleasure craft, and by permitting the use of marked fuel for propelling private pleasure craft, even where that fuel is not subject to any exemption from, or reduction in, excise duty, Ireland has failed to fulfil its obligations under Articles 4 and 7 of Directive 2003/96 and Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene respectively; |
| --- | --- |

1.

Declares that, by not ensuring that the minimum levels of taxation applicable to motor fuels laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity were applied to gas oil used as fuel for propelling private pleasure craft, and by permitting the use of marked fuel for propelling private pleasure craft, even where that fuel is not subject to any exemption from, or reduction in, excise duty, Ireland has failed to fulfil its obligations under Articles 4 and 7 of Directive 2003/96 and Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene respectively;

| 2. | Orders Ireland to pay the costs. |
| --- | --- |

2.

Orders Ireland to pay the costs.

---

(1)  OJ C 347, 16.10.2017.

---
Susan LAFAYE v. SES ENTERPRISES, LLC, et al.

NO. 2019-CC-0258

Supreme Court of Louisiana.

April 8, 2019

Denied.

GENOVESE, J., would grant.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
the Annual Report on Form 10-K for the year ended December 31, 1997 and is 
qualified in its entirety by reference to such financial statements. 
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         DEC-31-1997
<PERIOD-START>                            JAN-01-1997
<PERIOD-END>                              DEC-31-1997
<CASH>                                         19,367
<SECURITIES>                                        0         
<RECEIVABLES>                                 187,419
<ALLOWANCES>                                   22,012
<INVENTORY>                                         0
<CURRENT-ASSETS>                              224,275 
<PP&E>                                        410,620
<DEPRECIATION>                                221,439
<TOTAL-ASSETS>                              1,268,497
<CURRENT-LIABILITIES>                         201,363
<BONDS>                                       277,776
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                        1,048
<OTHER-SE>                                    682,648
<TOTAL-LIABILITY-AND-EQUITY>                1,268,497
<SALES>                                             0 
<TOTAL-REVENUES>                            1,256,103
<CGS>                                               0         
<TOTAL-COSTS>                               1,044,573 
<OTHER-EXPENSES>                                5,917
<LOSS-PROVISION>                                4,219
<INTEREST-EXPENSE>                             12,266
<INCOME-PRETAX>                               205,613
<INCOME-TAX>                                   43,976
<INCOME-CONTINUING>                           161,637
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                  161,637
<EPS-PRIMARY>                                    1.30
<EPS-DILUTED>                                    1.30
        

</TABLE>
Exhibit 32.02

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 KMG America Corporation
Quarterly Report on Form 10-Q for the quarter ended June 30, 2007, as filed with the Securities and Exchange Commission on the
date hereof (the Report), the undersigned hereby certifies, 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 KMG America Corporation.

A signed original of this written statement required
by Section 906 has been provided to KMG America Corporation and will be retained by KMG America Corporation and furnished to the
Securities and Exchange Commission or its staff upon request.

|                       |  |                                                 | 
|---------------------- |  | ----------------------------------------------- | 
|Date:   August 9, 2007 |  | /s/   Scott H. DeLong III                      
|                       | 
|                       |  | Scott H. DeLong III                            
|                       |  | Senior Vice President & Chief Financial Officer
|                       |  | (Principal Financial Officer)                  

---
# C_2017374EN.01001601.xml

| 6.11.2017 | EN | Official Journal of the European Union | C 374/16 |
| --- | --- | --- | --- |

6.11.2017

EN

Official Journal of the European Union

C 374/16

---

Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Basilicata (Italy) lodged on 10 August 2017 — Olympus Italia Srl v Istituto di Ricovero e Cura a Carattere Scientifico — Centro di Riferimento Oncologico della Basilicata di Rionero in Vulture (I.R.C.C.S. CROB)

(Case C-486/17)

(2017/C 374/22)

Language of the case: Italian

Referring court

Referring court

Tribunale Amministrativo Regionale per la Basilicata

Parties to the main proceedings

Parties to the main proceedings

Applicant: Olympus Italia Srl

Applicant:

Defendant: Istituto di Ricovero e Cura a Carattere Scientifico — Centro di Riferimento Oncologico della Basilicata di Rionero in Vulture (I.R.C.C.S. CROB)

Defendant:

Question referred

Question referred

Do the Community principles of the protection of legitimate expectations and legal certainty, together with the principles of the free movement of goods, the freedom of establishment and the freedom to provide services, laid down in the Treaty on the Functioning of the European Union (TFEU), as well as the principles deriving therefrom, such as equality of treatment, non-discrimination, mutual recognition, proportionality and transparency, referred to in Directive 2014/24/EU, (1) preclude the application of national legislation, such as the Italian legislation founded on the combined provisions of Article 95(10) and Article 83(9) of Legislative Decree No 50/2016, according to which the failure to list the corporate safety and security costs separately in the financial tender in a procedure for the award of public contracts inevitably results in the exclusion of the tendering undertaking concerned without the possibility of supplementing or amending its tendering documentation, even in the case where the obligation to list those costs separately was not set out on the attached form to be completed for the submission of the tender, and even though, in substantive terms, the tender in question actually took into account the minimum costs of corporate safety and security?

1

---

(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).

1

---
Case 4:05-cv-00328-A Document 12 Filed 09/20/05 Page 1 of 2 PageID 59
 

 Case 4:05-cv-00328-A Document 12 Filed 09/20/05 Page 2 of 2 PageID 60
Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 1 of 28 PageID 1778
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 2 of 28 PageID 1779
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 3 of 28 PageID 1780
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 4 of 28 PageID 1781
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 5 of 28 PageID 1782
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 6 of 28 PageID 1783
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 7 of 28 PageID 1784
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 8 of 28 PageID 1785
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 9 of 28 PageID 1786
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 10 of 28 PageID 1787
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 11 of 28 PageID 1788
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 12 of 28 PageID 1789
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 13 of 28 PageID 1790
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 14 of 28 PageID 1791
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 15 of 28 PageID 1792
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 16 of 28 PageID 1793
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 17 of 28 PageID 1794
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 18 of 28 PageID 1795
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 19 of 28 PageID 1796
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 20 of 28 PageID 1797
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 21 of 28 PageID 1798
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 22 of 28 PageID 1799
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 23 of 28 PageID 1800
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 24 of 28 PageID 1801
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 25 of 28 PageID 1802
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 26 of 28 PageID 1803
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 27 of 28 PageID 1804
 

 Case 3:04-cv-01931-K Document 93-2 Filed 05/21/07 Page 28 of 28 PageID 1805
CERTIFICATIONS



I, Harold Sciotto, certify that:



1.

I have reviewed this quarterly report on Form 10-QSB of Alchemy Enterprises, Ltd.;



2.

Based on my knowledge, this quarterly 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 quarterly report;



3.

Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;



4.

The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:



a)

designed such disclosure controls and procedures 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 quarterly report is being prepared;

b)

evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and

c)

presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;



5.

The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):



a)

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and

b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and



6.

The registrant's other certifying officers and I have indicated in this quarterly report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.



Date:  August 12, 2005

/s/ Harold Sciotto

President
Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003

In connection with the Quarterly Report of SmartMetric, Inc. (the "Company") on
Form 10-QSB for the quarter ended September 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Colin
Hendrick, Chief Executive Officer and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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.



/s/ Colin Hendrick
----------------------------------------------
Colin Hendrick, Chief Executive Officer,
Chief Financial Officer
SmartMetric, Inc.
November 21, 2005
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 1 of 11 PageID 1128
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 2 of 11 PageID 1129
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 3 of 11 PageID 1130
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 4 of 11 PageID 1131
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 5 of 11 PageID 1132
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 6 of 11 PageID 1133
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 7 of 11 PageID 1134
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 8 of 11 PageID 1135
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 9 of 11 PageID 1136
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 10 of 11 PageID 1137
Case 3:05-cv-00844-G Document 18 Filed 06/29/05 Page 11 of 11 PageID 1138
# C_2019383EN.01001201.xml

| 11.11.2019 | EN | Official Journal of the European Union | C 383/12 |
| --- | --- | --- | --- |

11.11.2019

EN

Official Journal of the European Union

C 383/12

---

Judgment of the Court (Third Chamber) of 12 September 2019 (request for a preliminary ruling from the Supremo Tribunal de Justiça — Portugal) — Cofemel — Sociedade de Vestuário, SA v G-Star Raw CV

(Case C-683/17) (1)

(Reference for a preliminary ruling - Intellectual and industrial property - Copyright and related rights - Directive 2001/29/EC - Article 2(a) - Concept of ‘work’ - Protection of works by copyright - Conditions - Connection with the protection of designs - Directive 98/71/EC - Regulation (EC) No 6/2002 - Clothing designs)

(2019/C 383/10)

Language of the case: Portuguese

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Appellant: Cofemel — Sociedade de Vestuário, SA

Respondent: G-Star Raw CV

Operative part of the judgment

Article 2(a) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society must be interpreted as precluding national legislation from conferring protection, under copyright, to designs such as the clothing designs at issue in the main proceedings, on the ground that, over and above their practical purpose, they generate a specific, aesthetically significant visual effect.

---

(1)  OJ C 52, 12.2.2018.

---