alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2021053EN.01003501.xml

| 15.2.2021 | EN | Official Journal of the European Union | C 53/35 |
| --- | --- | --- | --- |

15.2.2021

EN

Official Journal of the European Union

C 53/35

---

Judgment of the General Court of 16 December 2020 — H.R. Participations v EUIPO — Hottinger Investment Management (JCE HOTTINGUER)

(Case T-535/19) (1)

(EU trade mark - Invalidity proceedings - EU word mark JCE HOTTINGUER - Non-registered earlier national trade mark HOTTINGER - Relative ground for refusal - Reference to the national law governing the earlier mark - Rules governing common law actions for passing-off - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009 (now Article 8(4) and Article 60(1)(c) of Regulation (EU) 2017/1001, respectively))

(2021/C 53/46)

Language of the case: English

Parties

Applicant: H.R. Participations SA (Luxembourg, Luxembourg) (represented by: P. Wilhelm, J. Rossi, E. Dumur and G. Hadot-Pericard, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and V. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Hottinger Investment Management Ltd (London, United Kingdom) (represented by: W. Sander, Solicitor, and M. Beebe, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 3 May 2019 (Case R 2078/2018-2), relating to invalidity proceedings between Hottinger Investment Management and H.R. Participations.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders H.R. Participations SA to pay the costs. |
| --- | --- |

2.

Orders H.R. Participations SA to pay the costs.

---

(1)  OJ C 312, 16.9.2019.

---
**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 Annual Report of Lease Equity Appreciation Fund I, L.P.
      (the
“Company”) on Form 10-K for the year ended December 31, 2005 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Crit S.
      DeMent, Chief Executive Officer of the General Partner 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:





(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/
      Crit S. DeMent


March
      30,
      2006   Crit
      S.
      DeMent


Chief
      Executive Officer of the General Partner
LOCK-UP
AGREEMENT

     

    November
26, 2009

     

    EXCEED
COMPANY LTD.

    Xidelong
Industrial Zone

    Jinjiang,
Fuijan Province, PRC

     

    Ladies
and Gentlemen:

     

    The
undersigned hereby agrees that, without the prior written consent of Exceed
Company Ltd. (the “Company”), the undersigned will not, during the six-month
period from October 21, 2009, through and including April 20, 2010, sell or
otherwise transfer or dispose of any ordinary shares of the Company (“Ordinary
Shares”) or any securities convertible into or exercisable or exchangeable for
Ordinary Shares, or enter into any swap or other agreement that transfers, in
whole or in part, the economic consequences of ownership of Ordinary Shares. The
foregoing sentence shall not apply to (a) Ordinary Shares acquired in open
market transactions after the effectiveness of the Registration Statement on
Form F-1 (File No. 333-163280) first filed with the U.S. Securities and Exchange
Commission on November 23, 2009, (b) transfers or distributions of Ordinary
Shares to affiliates, limited partners, members or shareholders of the
undersigned, provided
that in the case of clause (b), each transferee shall sign and deliver a
lock-up agreement substantially in the form of this lock-up agreement or (c) a
liquidation, merger, stock exchange or other similar transaction which results
in all of the Company’s shareholders having the right to exchange their Ordinary
Shares for cash, securities or other property.

     

    The
undersigned hereby represents and warrants that the undersigned has full power
and authority to enter into this lock-up agreement.

     

    This
lock-up agreement shall be governed by and construed in accordance with the laws
of the State of New York, without regard to the conflict of laws principles
thereof.

     

    
      
        
          	 
      	
                  Very
      truly yours,

                
	 	 
	 
      	
                  WINDTECH
      HOLDINGS
LIMITED

                
	 
      	 
      	 
      
	 
      	
                  By:

                	
                  /s/Tsui Yuk Mei

                
	 
      	 
      	
                  Name:Tsui
      Yuk Mei

                
	 
      	 
      	
                  Title:Director
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001030418
<NAME> BIONX IMPLANTS, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                           7,429
<SECURITIES>                                         0
<RECEIVABLES>                                    3,251
<ALLOWANCES>                                       412
<INVENTORY>                                      7,331
<CURRENT-ASSETS>                                19,587
<PP&E>                                           2,654
<DEPRECIATION>                                     213
<TOTAL-ASSETS>                                  26,155
<CURRENT-LIABILITIES>                            4,087
<BONDS>                                              0
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<COMMON>                                            20
<OTHER-SE>                                      21,552
<TOTAL-LIABILITY-AND-EQUITY>                    26,155
<SALES>                                          4,917
<TOTAL-REVENUES>                                 5,076
<CGS>                                            1,721
<TOTAL-COSTS>                                    3,737
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   6
<INCOME-PRETAX>                                  (376)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (376)
<EPS-BASIC>                                      (.04)
<EPS-DILUTED>                                    (.04)


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Demilious E. KELLY, DefendantAppellant.

No. 08-3099.

United States Court of Appeals, Seventh Circuit.

Submitted Jan. 8, 2009.*

Decided Jan. 13, 2009.

Abra Siegel, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Before FRANK H. EASTERBROOK, Chief Judge, WILLIAM J. BAUER, Circuit Judge and ILANA DIAMOND ROVNER, Circuit Judge.

*

 This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.App. P. 34(a); Cir. R. 34(1).

Order

Demilious Kelly asked the district judge to reduce his sentence under the current version of the crack-cocaine guidelines. That step is authorized by 18 U.S.C. § 3582(c)(2) when the Sentencing Commission makes a revision to the guidelines retroactive. Amendment 706 supplies the necessary declaration of retroactivity. The district court calculated a range of 151 *2to 188 months under the revised guidelines and reduced Kelly’s sentence from 211 to 188 months.

Kelly contends on appeal that the district court should have conducted a full resentencing, with a new presentence report and an adversarial proceeding at which Kelly would have the assistance of appointed counsel. But we held in *United States v. Tidwell,*178 F.3d 946, 949 (7th Cir.1999), that proceedings under § 3582(c)(2) are summary, and that a full resentencing is neither required nor authorized. See also USSG § 1B1.10(a)(3). The district court was entitled to proceed, as it did, on the paper record. And although Kelly is disappointed that he did not receive a greater reduction, both the statute and the guidelines make a reduction discretionary; Kelly was not legally entitled to any reduction, and the reduction of 23 months that he received cannot be deemed legally inadequate. (The district court’s statement of reasons does not consider any impermissible ground.) Nor was the district court compelled to depart from the 100-to-l ratio between crack and powder cocaine. After *Kimbrough v. United States,*— U.S. -, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), a district court is entitled to disagree with that ratio in any original sentencing proceeding. It is an open question in this circuit whether a district judge may do this in a resentencing under § 3582(c)(2), given the limited scope of authority conveyed by that statute. But neither in an original sentencing, nor in any resentencing, is a district judge *compelled*to use any ratio other than the 100-to-l ratio built into the Sentencing Guidelines.

Affirmed.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           11799
<INT-BEARING-DEPOSITS>                             476
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      66101
<INVESTMENTS-CARRYING>                           15603
<INVESTMENTS-MARKET>                             16411
<LOANS>                                         185160
<ALLOWANCE>                                       2322
<TOTAL-ASSETS>                                  290655
<DEPOSITS>                                      241325
<SHORT-TERM>                                      8708
<LIABILITIES-OTHER>                               2920
<LONG-TERM>                                      10986
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          6333
<OTHER-SE>                                       20383
<TOTAL-LIABILITIES-AND-EQUITY>                  290655
<INTEREST-LOAN>                                  15483
<INTEREST-INVEST>                                 5314
<INTEREST-OTHER>                                   164
<INTEREST-TOTAL>                                 20961
<INTEREST-DEPOSIT>                                9480
<INTEREST-EXPENSE>                               10414
<INTEREST-INCOME-NET>                            10547
<LOAN-LOSSES>                                      493
<SECURITIES-GAINS>                                  14
<EXPENSE-OTHER>                                   7888
<INCOME-PRETAX>                                   4556
<INCOME-PRE-EXTRAORDINARY>                        4556
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      3408
<EPS-PRIMARY>                                     2.44
<EPS-DILUTED>                                     2.40
<YIELD-ACTUAL>                                    4.05
<LOANS-NON>                                        173
<LOANS-PAST>                                       154
<LOANS-TROUBLED>                                   160
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  2101
<CHARGE-OFFS>                                      355
<RECOVERIES>                                        83
<ALLOWANCE-CLOSE>                                 2322
<ALLOWANCE-DOMESTIC>                              2322
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
# C_2022294EN.01002101.xml

| 1.8.2022 | EN | Official Journal of the European Union | C 294/21 |
| --- | --- | --- | --- |

1.8.2022

EN

Official Journal of the European Union

C 294/21

---

Judgment of the General Court of 8 June 2022 — United Kingdom and ITV v Commission

(Case T-363/19 and T-456/19) (1)

(State aid - Aid scheme implemented by the United Kingdom in favour of certain multinational groups - Decision declaring the aid scheme incompatible with the internal market and unlawful and ordering the recovery of the aid paid - Advance tax rulings - Tax regime relating to the financing of groups and concerning in particular controlled foreign companies - Selective tax advantages)

(2022/C 294/29)

Language of the case: English

Parties

Applicant in case T-363/19: United Kingdom of Great Britain and Northern Ireland (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Baker QC, and T. Johnston, Barrister)

Applicants in case T-456/19: ITV plc (London, United Kingdom) (represented by: J. Lesar, Solicitor, and K. Beal QC)

Defendant: European Commission (represented by: L. Flynn, S. Noë and B. Stromsky, acting as Agents and, in Case T 456/19, by M. Clayton and M. Segura Catalán, lawyers)

Interveners in support of the defendant in case T-456/19: United Kingdom (represented by: F. Shibli and S. McCrory, acting as Agents, and by P. Baker QC, and T. Johnston, Barrister), LSEGH (Luxembourg) Ltd (London), London Stock Exchange Group Holdings (Italy) Ltd (London) (represented by: A. von Bonin, O. Brouwer and A. Pliego Selie, lawyers)

Re:

Applications under Article 263 TFEU seeking annulment of Commission Decision (EU) 2019/1352 of 2 April 2019 on the State aid SA.44896 implemented by the United Kingdom concerning CFC Group Financing Exemption (OJ 2019 L 216, p. 1).

Operative part of the judgment

The Court:

| 1. | Joins Cases T-363/19 and T-456/19 for the purposes of the present judgment; |
| --- | --- |

1.

Joins Cases T-363/19 and T-456/19 for the purposes of the present judgment;

| 2. | Dismisses the actions; |
| --- | --- |

2.

Dismisses the actions;

| 3. | Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs and to pay those incurred by the European Commission in Case T-363/19; |
| --- | --- |

3.

Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs and to pay those incurred by the European Commission in Case T-363/19;

| 4. | Orders ITV plc to bear its own costs and to pay those incurred by the Commission in Case T-456/19; |
| --- | --- |

4.

Orders ITV plc to bear its own costs and to pay those incurred by the Commission in Case T-456/19;

| 5. | Orders LSEGH (Luxembourg) Ltd and London Stock Exchange Group Holdings (Italy) Ltd to bear their own costs; |
| --- | --- |

5.

Orders LSEGH (Luxembourg) Ltd and London Stock Exchange Group Holdings (Italy) Ltd to bear their own costs;

| 6. | Orders the United Kingdom to bear its own costs in Case T-456/19. |
| --- | --- |

6.

Orders the United Kingdom to bear its own costs in Case T-456/19.

---

(1)  OJ C 263, 5.8.2019.

---
##### 



Certification of the
Chief Executive Officer
Pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Valley National
Gases Incorporated;
 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 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; andc) 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 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 registrants board of directors (or
persons performing the equivalent function):
 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; andb) 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.
  /s/
William A. Indelicato
#### In the Matter of Ernest Merritt, Appellant, v Thomas A. Coughlin III, as Commissioner of the New York State Department of Correctional Services, Respondent.

In a proceeding pursuant to CPLR article 78, *inter alia,*to review a determination of the Commissioner of the State Department of Correctional Services denying petitioner’s request, in effect, for the return of his missing papers, petitioner appeals from a judgment of the Supreme Court, Dutchess County (Hillery, J.), entered May 2,1983, which, among other things, dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The determination petitioner sought to challenge was decided on May 6, 1982, while his petition pursuant to CPLR article 78 was commenced in November 1982. CPLR 217 provides for a four-month limitation period for commencement of article 78 proceedings unless a shorter term is authorized by law. Special Term was therefore correct in dismissing the proceeding as untimely. Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.
Exhibit 32.1

Certifications of Chief Executive Officer

and Chief 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 the Annual Report of Computer
Programs and Systems, Inc. (the Company) on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), J. Boyd Douglas, President and Chief
Executive Officer of the Company, and Darrell G. West, Vice PresidentFinance and Chief Financial Officer of the Company, each 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;
| | --- | -----------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 9, 2009



|                                     
|-------------------------------------
|/s/ J. Boyd Douglas                  
|J. Boyd Douglas                      
|President and Chief Executive Officer



|                            
|----------------------------
|/s/ Darrell G. West         
|Darrell G. West             
|Vice President - Finance and
|Chief Financial Officer
**Exhibit 32.2****Certification of Periodic Report**Pursuant to §906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. §1350, the undersigned officerof Renaissance Learning, Inc. (the “Company”), hereby certifies that, to the undersigned’sknowledge: (1) the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31,2008 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and  (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.Dated:May 5, 2008                                                  /s/ Mary T. Minch   Name:  Mary T. Minch   Title:  Senior Vice President-Finance, Chief Financial Officerand Secretary  THIS WRITTEN STATEMENT ACCOMPANIES THIS REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF2002 AND SHALL NOT BE DEEMED TO BE FILED BY THE COMPANY FOR PURPOSES OF THE SECURITIES EXCHANGE ACTOF 1934.