alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Official Journal L 241/2 Se

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 241 |
| | |
| English edition | Legislation | Volume 492 September 2006 |

ISSN 1725-2555

Official Journal

of the European Union

L 241

English edition

Legislation

Volume 492 September 2006

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (1) | 1 |
| | * | Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (1) | 26 |

Contents

I   Acts whose publication is obligatory

page

*

Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive (1)

1

*

Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive (1)

26

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# C_2019280EN.01003001.xml

| 19.8.2019 | EN | Official Journal of the European Union | C 280/30 |
| --- | --- | --- | --- |

19.8.2019

EN

Official Journal of the European Union

C 280/30

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Reference for a preliminary ruling from the High Court (Ireland) made on 17 June 2019 — Friends of the Irish Environment Limited v Commissioner for Environmental Information

(Case C-470/19)

(2019/C 280/41)

Language of the case: English

Referring court

High Court (Ireland)

Parties to the main proceedings

Appellant: Friends of the Irish Environment Limited

Respondent: Commissioner for Environmental Information

First Notice Party: The Courts Service of Ireland

Question referred

Is control of access to court records relating to proceedings in which final judgment has been delivered, the period for an appeal has expired and no appeal or further application is pending, but further applications in particular circumstances are possible, an exercise of ‘judicial capacity’ within the meaning of Article 2(2) of Directive 2003/4/EC (1) of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC?

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(1)  OJ 2003, L 41, p. 26.

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<PAGE>
                                                                   Exhibit 10.41



November 2, 2002

Mr. Don Coleman
1 Toll Road
Salisbury, MA 01952

Dear Don:

As discussed, following is your revised compensation package:

-     BASE SALARY:

      Bi-weekly of $6,115.38, which approximates $159,000.00 per year (payroll
      is based on 26 pay periods per year).

-     MANAGEMENT INCENTIVE PLAN (MIP):

      Participation in the FY03 MIP, beginning October 1, 2002.

-     EXECUTIVE CAR PROGRAM:

      Participation in the Company's Executive Car Program at the current FY03
      level.

-     INSURANCE:

      Business Travel:

         3 x Base up to $1M (regular death)
         6 x Base up to $1M (death by air)

      Special Death Benefit:

         2 x weekly earnings, plus 1 day for each complete year of service

-     RETIREMENT PLAN:

      Participation in a defined contribution plan (Qualified and Non-Qualified)
<PAGE>
-     RETIREMENT PLAN (CONTINUED):

      -     Employee contribution rate of 0-18% Base Pay pre-post tax

      -     Company contribution rate of 4.75% of base salary to the Qualified
            Plan

      -     Company contribution rate of an additional 4.75% of employee base
            over social security wage base to the Non-Qualified Plan - made
            annually at calendar year-end (plan details to follow)

-     EXECUTIVE PHYSICAL:

      Eligible to participate in the Executive Physical Program with
      reimbursement of up to $600 annually

-     SEVERANCE AGREEMENT:

      Employment with the Company will be "at will," meaning that your
      employment with the Company may be terminated at any time for any reason.
      As described below, however, you will be entitled to the following in the
      event you are terminated without "cause:"

         Termination Without Cause

         Guaranteed - 6 months Salary
         Contingent - 6 months Salary

         Termination as a result of a "Change Of Control" Event-

         In the event that your termination is the result of a "change in
         control" event, the Severance Benefits outlined below will be
         applicable for such a termination if it occurs at any time during a
         two-year period following the date of that event.

         Guaranteed-12 Months Salary

         Benefits

         Full coverage at normal employee contribution rates for the duration of
         the severance. This benefit will be provided through COBRA.

         MIP

         100% of the award that would have otherwise been earned
<PAGE>
-     SEVERANCE AGREEMENT (CONTINUED):

         Car

         Retain through severance period

         Outplacement

         Full outplacement service

In order to receive the foregoing you shall execute a general release in favor
of CPI.

Sincerely,



Joe Caldarelli
CEO
#### CHARLES N. LORENZO, *ET AL.,*PLAINTIFFS, v. NORMA COREY, DEFENDANT-PETITIONER, AND LOUIS LEBOWITZ, DEFENDANT-RESPONDENT.

October 3, 1960.

*Mr. Joseph Butt*for the petitioner.

*Mr. Saul Neivert*for the respondent.

Denied.
# C_2021386EN.01003101.xml

| 23.9.2021 | EN | Official Journal of the European Union | C 386/31 |
| --- | --- | --- | --- |

23.9.2021

EN

Official Journal of the European Union

C 386/31

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NOTICE OF OPEN COMPETITIONS

(2021/C 386/04)

The European Personnel Selection Office (EPSO) is organising the following open competitions:

TECHNICIANS AND SUPPORT WORKERS

EPSO/AST/150/21 – Technicians (AST 3)

| Field 1 | : | Audiovisual and conference technicians |
| --- | --- | --- |
| Field 2 | : | Building technicians |
| Field 3 | : | Laboratory technicians |

Field 1

:

Audiovisual and conference technicians

Field 2

:

Building technicians

Field 3

:

Laboratory technicians

EPSO/AST-SC/11/21 – Laboratory support workers (AST-SC 1)

The competition notice is published in 24 languages in
  Official Journal of the European Union C 386 A of 23 September 2021.

Further information can be found on the EPSO website: https://epso.europa.eu/

---
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAVID S. BROXTERMAN, ) ) Appellant, ) ) v. ) Case No. 2D17-1479 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ )
Opinion filed September 12, 2018. Appeal from the Circuit Court for Polk County; James A. Yancey, Judge. Howard L. Dimmig, II, Public Defender, and Deana K. Marshall, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.
NORTHCUTT, VILLANTI, and ATKINSON, JJ., Concur.
<PAGE>

                                                                      Exhibit 23


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
report dated January 21, 2001, included in the Annual Report on Form 20-F of SAP
Aktiengesellschaft Systeme, Anwendungen, Produkte in der Datenverarbeitung (the
Company) for the year ended December 31, 2001, into the Company's previously
filed registration statements on Form S-8 (Nos. 333-60399, 333-65083, 333-30380
and 333-41762) and to all references to our Firm included in these registration
statements.

Eschborn/Frankfurt/M.
March 28, 2002

                                ARTHUR ANDERSEN
                        Wirschaftspruefungsgesellschaft
                        Steuerberatungsgesellschaft mbH


         ------------------                       ------------------
               Gross                                  Turowski
         Wirtschaftspruefer                       Wirtschaftspruefer
#### In the Matter of the Claim of Victoria McCorkle-Spaulding, Appellant, v Lowe’s et al., Respondents. Workers’ Compensation Board, Respondent.

[945 NYS2d 430]—

Malone Jr., J.

Appeals (1) from a decision of the Workers’ Compensation Board, filed July 12, 2010, which ruled that claimant had no further causally related disability, and (2) from a decision of said Board, filed March 22, 2011, which denied claimant’s request for reconsideration or full Board review.

In February 2008, claimant suffered a work-related injury to her left foot and received workers’ compensation benefits. In *1514March 2009, claimant filed a C-3 form, claiming to have also suffered a causally related injury to her right foot as a result of the 2008 incident. Following hearings, the Workers’ Compensation Law Judge denied the right foot claim. On review, the Workers’ Compensation Board affirmed and subsequently denied claimant’s request for reconsideration or full Board review.

Although claimant separately appealed from both the Board’s underlying decision and the denial of reconsideration or full Board review, she failed to timely perfect her appeal from the underlying decision *(see*Rules of App Div. 3d Dept [22 NYCRR] § 800.12). Consequently, the merits of that decision are not properly before us *(see Matter of D’Errico v New York City Dept. of Corrections,*65 AD3d 795, 795-796 [2009], *appeal dismissed*13 NY3d 899 [2009]; *Matter of Dukes v Capitol Formation,*213 AD2d 756, 756-757 [1995], *lv dismissed*86 NY2d 810 [1995], *appeal dismissed*87 NY2d 891 [1995]). Therefore, our inquiry is limited to whether the Board abused its discretion or acted in an arbitrary or capricious manner in denying claimant’s application for reconsideration or full Board review *(see Matter of Gentile v Sovereign Motor Cars,*77 AD3d 1027, 1028 [2010], *lv dismissed*16 NY3d 824 [2011]; *Matter of Green v Kimber Mfg., Inc.,*59 AD3d 782, 783 [2009], *lv dismissed*12 NY3d 865 [2009]). In her application, claimant challenged the findings of the Workers’ Compensation Law Judge, but did not proffer any new evidence that was unavailable at the time of the hearings. Accordingly, we cannot conclude that the Board’s denial of the application was either arbitrary or capricious or an abuse of discretion *(see Matter of Gentile v Sovereign Motor Cars,*77 AD3d at 1028; *Matter of Hyland v Matarese,*56 AD3d 841, 844 [2008]).

Lahtinen, J.E, Spain, Kavanagh and McCarthy, JJ., concur. Ordered that the decisions are affirmed, without costs.
1 Pursuant to 5 TH C IR . R. 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 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit

__________________________________________

No. 97-11163

_________________________________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, VERSUS JACQUELINE DENNIS,

Defendant-Appellant.

__________________________________________ Appeal from the United States District Court for the Northern District of Texas

(4:97-CV-729-BE)

__________________________________________

June 22, 1999 Before KING, Chief Judge, REYNALDO G. GARZA, and JOLLY, Circuit Judges. PER CURIAM 1 : Appellant, Jacqueline Dennis (“Dennis”), is currently serving a 365-month sentence for her participation in a conspiracy to kill a federal official and for her use of interstate commerce facilities in the commission of a murder for hire. She is presently incarcerated at the Federal Medical Center (“FMC”) after developing complex somatic delusions. On September 29, 1997, Magistrate Judge Bleil conducted a hearing on the government’s Petition to “Determine Present Mental2

Condition of an Imprisoned Person, and for Appointment of Counsel and Qualified Examiner Pursuant to 18 U.S.C. §§ 4245 and 4247.” The magistrate judge granted the government’s petition which sought the commitment of Dennis for psychiatric care and treatment. Dennis raises three issues on appeal: (1) whether the magistrate judge lacked jurisdiction and/or authority to commit Dennis to treatment; (2) whether the “preponderance of the evidence” standard is unconstitutional under these circumstances; and (3) whether Dennis’ commitment violated her right to free exercise of religion. After reviewing the record, the parties’ briefs, the district court’s opinion and hearing oral argument, we conclude that the district court did not err in its findings of fact or in its application of law. We note, that although the first two issues raised by Dennis are identical to the ones presented in United States v. Muhammad , 165 F.3d 327 (5th Cir. 1999), the third issue is slightly different. Unlike Muhammad , where we refused to consider the third issue because it was raised for the first time on appeal, the record shows that Dennis raised her right to free exercise of religion during a district court hearing. The magistrate judge implicitly credited the psychiatrist in concluding that Dennis had restricted her diet due to mental disease or defect and not because she was exercising a religious belief. We review a district court's factual findings under the3

clearly erroneous standard. United States v. Lopez-Valdez , No. 97-50949, 1999 WL 350627, at *6 (5th Cir. June 1, 1999)(citing United States v. Inocencio , 40 F.3d 716, 721 (5th Cir. 1994). A review of the record reveals that the district court was not clearly erroneous in finding that Dennis’ actions stemmed from a mental disease and not from a religious belief. Accordingly, we AFFIRM the district court in all respects.
Exhibit 32.1

Certification of the Chief Executive Officer

Pursuant to 18 U.S.C. § 1350

Solely for the purposes of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, the
undersigned Chief Executive Officer of Nicholas Financial, Inc. (the Company), hereby certify, based on my knowledge, that the Annual Report on Form 10-K of the Company for the fiscal year ended March 31, 2009 (the
Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of
operations of the Company.



/s/ Peter L. VosotasPeter L. VosotasChief Executive OfficerJune 15, 2009
# C_2020129EN.01002001.xml

| 20.4.2020 | EN | Official Journal of the European Union | C 129/20 |
| --- | --- | --- | --- |

20.4.2020

EN

Official Journal of the European Union

C 129/20

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Action brought on 21 February 2020 — El Corte Inglés v EUIPO — MKR Design (Panthé)

(Case T-117/20)

(2020/C 129/25)

Language of the case: English

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: MKR Design Srl (Milan, Italy)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark Panthé — Application for registration No 16 366 461

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 5 December 2019 in Case R 378/2019-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order the party or parties opposing this action to pay the costs. |
| --- | --- |

—

order the party or parties opposing this action to pay the costs.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
INDEPENDENT ACCOUNTANTS' CONSENT


The Board of Directors
Regent Assisted Living, Inc.

We consent to incorporation by reference in the registration statements (Nos.
333-12157 and 333-12159) on Form S-8 of Regent Assisted Living, Inc. of our
report dated February 13, 1998, except as to note 11, which is as of March 27,
1998, relating to the consolidated balance sheet of Regent Assisted Living, Inc.
and subsidiaries as of December 31, 1997, and the related consolidated
statements of operations, shareholders' equity and cash flows for the year then
ended, which report appears in the December 31, 1997, annual report on Form
10-KSB of Regent Assisted Living, Inc.

                             KPMG PEAT MARWICK LLP


Portland, Oregon
March 30, 1998
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 Radiologix, Inc. (the Company) on Form 10-Q for the quarterly period ended
September 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Sami S. Abbasi, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge that:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934,
as amended; 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/    SAMI S. ABBASI                
|Sami S. Abbasi                       
|President and Chief Executive Officer



Dated: November 3, 2005



A signed original of this written statement required by Section 906 has
been provided to Radiologix, Inc. and will be retained by Radiologix, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    EXHIBIT 12.1

                                  CERTIFICATION

I, Neil Grantt Swan, certify that:

1. I have reviewed this Amendment No. 1 to the annual report on Form 20-F of
Lihir Gold Limited for the fiscal year ended December 31, 2003.

2. Based on my knowledge, this Amendment No. 1 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.

Date: April 12, 2005

                                                       /s/ Neil Swan
                                                       -------------------------
                                                       Name: Neil Swan
                                                       Title: Managing Director
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 50517 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

SAUL ANCHONDO

,

Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:15

- CR

- 1913

- 1

Before KING, HAYNES, and GRAVES, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Saul Anchondo has moved for leave

to withdraw and has filed a brief in accordance with Anders v. California , 386

U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).

Anchondo h a s not filed a response. We have reviewed counsel’s brie f and the

relevant portions of the record reflected therein. We concur with counsel’s

assessment that the appeal presents no nonfrivolous issue for appellate

* Pursuant to 5 TH C IR

. R. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED April 18, 2017

Lyle W. Cayce Clerk Case: 16-50517 Document: 00513956365 Page: 1 Date Filed: 04/18/2017No. 16

- 50517

2 review. 1 Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the APPEAL IS

DISMISSED. See 5 TH C IR

. R. 42.2.

1 Counsel contends that a claim for ineffective assistance of trial counsel exists but recognizes that a motion pursuant to 28 U.S.C. § 2255 is the appropriate method for raising this claim. We agree with the latter assessment and therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5 th Cir. 2014). Case: 16-50517 Document: 00513956365 Page: 2 Date Filed: 04/18/2017
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

BANK OF AMERICA, N.A., successor

by merger to BAC HOME LOAN

SERVICING, LP, formerly known as

COUNTRYWIDE HOME LOANS

SERVICING, LP,

Appellants,

v.

No. 69904-1-

DIVISION ONE

C35

I

en

UNPUBLISHED OPINION 3

THE CONDO GROUP, LLC,

a Washington Limited Liability

Company,

Respondent. FILED: OCT '6 2014

CD

PER CURIAM - This appeal was stayed pending the Washington State

Supreme Court's decision in BAC Home Loans Servicing, LP v. Fulbright, 180

Wn.2d 754, 328 P.3d 895 (2014). The parties have now filed a "Stipulated

Motion on the Merits to Reverse Trial Court Judgment and Mandate to Superior

Court." Although this court suspended the motion on the merits procedure by

general order dated August 18, 2014, the stipulated reversal is equivalent to a

concession of error and will be treated as such. We accept concession of error,

lift the stay, and reverse and remand for further proceedings consistent with the

decision in BAC Home Loans Servicing, LP v. Fulbright.

Reversed and remanded for further proceedings.

For the court:

r/\UAq>|
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# C_2022432EN.01003902.xml

| 14.11.2022 | EN | Official Journal of the European Union | C 432/39 |
| --- | --- | --- | --- |

14.11.2022

EN

Official Journal of the European Union

C 432/39

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Order of the General Court of 14 September 2022 — Hikma Pharmaceuticals and Hikma Pharmaceuticals International v Commission

(Case T-712/19) (1)

(2022/C 432/47)

Language of the case: English

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

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(1)  OJ C 10, 13.1.2020.

---