alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019065EN.01001801.xml

| 18.2.2019 | EN | Official Journal of the European Union | C 65/18 |
| --- | --- | --- | --- |

18.2.2019

EN

Official Journal of the European Union

C 65/18

---

Judgment of the Court (Tenth Chamber) of 19 December 2018 (request for a preliminary ruling from the Tribunalul Mureș — Romania) — Criminal proceedings against Virgil Mailat, Delia Elena Mailat, Apcom Select SA

(Case C-17/18) (1)

((Reference for a preliminary ruling - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Articles 19 and 29 and Article 135(1)(l) - Transfer of a totality of assets or part thereof - Exemption for lettings of immovable property - Rental contract concerning an immovable property used for commercial purposes and the movable property necessary for that use - Supply of services relating to that immovable property which gave rise to the deduction of VAT - Adjustment))

(2019/C 65/22)

Language of the case: Romanian

Referring court

Tribunalul Mureș

Parties in the main proceedings

Virgil Mailat, Delia Elena Mailat, Apcom Select SA

Operative part of the judgment

| 1. | The concept of ‘transfer of a totality of assets or part thereof’, within the meaning of Article 19 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, must be interpreted as not covering the transaction by which an immovable property which was used for commercial purposes is let with all capital equipment and inventory items necessary for that use, even if the lessee pursues the activity of the lessor under the same name. |
| --- | --- |

1.

The concept of ‘transfer of a totality of assets or part thereof’, within the meaning of Article 19 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, must be interpreted as not covering the transaction by which an immovable property which was used for commercial purposes is let with all capital equipment and inventory items necessary for that use, even if the lessee pursues the activity of the lessor under the same name.

| 2. | Article 135(1)(l) of Directive 2006/112 must be interpreted as meaning that a lease contract for an immovable property which was used for commercial purposes and for all capital equipment and inventory items necessary for that use constitutes a single supply in which the letting of the immovable property is the principal supply. |
| --- | --- |

2.

Article 135(1)(l) of Directive 2006/112 must be interpreted as meaning that a lease contract for an immovable property which was used for commercial purposes and for all capital equipment and inventory items necessary for that use constitutes a single supply in which the letting of the immovable property is the principal supply.

---

(1)  OJ C 123, 9.4.2018.

---
# C_2017437EN.01004201.xml

| 18.12.2017 | EN | Official Journal of the European Union | C 437/42 |
| --- | --- | --- | --- |

18.12.2017

EN

Official Journal of the European Union

C 437/42

---

Action brought on 10 October 2017 — Aeris Invest v SRB

(Case T-714/17)

(2017/C 437/49)

Language of the case: Spanish

Parties

Parties

Applicant: Aeris Invest Sàrl (Luxembourg, Luxembourg) (represented by: M. Roca Junyent, J. Calvo Costa, R. Vallina Hoset and A. Sellés Marco, lawyers)

Applicant:

Defendant: Single Resolution Board

Defendant:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | Declare that the Single Resolution Board has incurred non-contractual liability and order it to repair the harm suffered by the applicant as a result of both its actions and its omissions which deprived the applicant of the BANCO POPULAR ESPAÑOL, S.A. bonds and securities it owned; |
| --- | --- |

—

Declare that the Single Resolution Board has incurred non-contractual liability and order it to repair the harm suffered by the applicant as a result of both its actions and its omissions which deprived the applicant of the BANCO POPULAR ESPAÑOL, S.A. bonds and securities it owned;

| — | Order the Board to pay to the applicant by way of compensation for the harm suffered (‘the amount due’);






  — | Principally, the reimbursement of EUR 113 022 558,44 for investments made in Banco Popular shares |
| --- | --- | --- |

—

Order the Board to pay to the applicant by way of compensation for the harm suffered (‘the amount due’);

—

Principally, the reimbursement of EUR 113 022 558,44 for investments made in Banco Popular shares

| — | In the alternative, the sum of EUR 93,74 million or |
| --- | --- |

—

In the alternative, the sum of EUR 93,74 million or

| — | In the further alternative, the sum of EUR 54,29 million. |
| --- | --- |

—

In the further alternative, the sum of EUR 54,29 million.

| — | Increase the amount due with compensatory interest as of 7 June 2017 until delivery of the judgment disposing of the present case; |
| --- | --- |

—

Increase the amount due with compensatory interest as of 7 June 2017 until delivery of the judgment disposing of the present case;

| — | Increase the amount due with corresponding default interest as of the date of delivery of judgment until its payment in full, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points. |
| --- | --- |

—

Increase the amount due with corresponding default interest as of the date of delivery of judgment until its payment in full, at the rate set by the European Central Bank (ECB) for main refinancing operations, increased by two percentage points.

| — | Order the SRB to pay the costs. |
| --- | --- |

—

Order the SRB to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-659/17 Vallina Fonseca v SRB.

Vallina Fonseca

SRB.

---
#### Elloyd JOHNSON, Plaintiff-Appellant v. Rick THALER, Defendant-Appellee.

No. 13-40237.

United States Court of Appeals, Fifth Circuit.

Oct. 14, 2013.

Elloyd Johnson, Livingston, TX, pro se.

Appeal from the United States District Court for the Eastern District of Texas, USDC No. 9:12-CV-201.

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Elloyd Johnson, Texas prisoner # 840854, seeks leave to proceed in forma pauperis (IFP) in his appeal of the district court’s dismissal of his 42 U.S.C. § 1983 action. The district court dismissed the complaint with prejudice pursuant to 28 U.S.C. § 1915A(b)(l) because it was untimely. By moving for leave to proceed IFP, Johnson is challenging the district court’s certification that his appeal is not taken in good faith. *See Baugh v. Taylor,*117 F.3d 197, 202 (5th Cir.1997); 28 U.S.C. § 1915(a)(3); Fed. R.App. P. 24(a)(5).

Johnson’s contention that the district court should have transferred his pleading to the Western District of Texas for inclusion in a closed case is frivolous. He has not shown that the district court erred by dismissing his complaint as barred by the statute of limitations. *See Moore v. McDonald,*30 F.3d 616, 620 (5th Cir.1994).

*480The district court’s dismissal of the instant suit and this court’s dismissal of the appeal as frivolous each count as a strike for purposes of § 1915(g). *See Adepegba v. Hammons,*103 F.3d 383, 387-88 (5th Cir.1996). Johnson has at least one other strike. *See Johnson v. Grounds,*492 Fed.Appx. 490 (5th Cir.2012). As he now has accumulated three strikes under § 1915(g), Johnson is advised that he is no longer allowed to proceed IFP in any civil action or appeal filed while he is detained or incarcerated in any facility unless he is under imminent danger of serious physical injury. *See*§ 1915(g).

IFP DENIED; APPEAL DISMISSED; § 1915(g) SANCTION BAR IMPOSED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 22

- 1824

_____________________________ G LENN L AVERN S ULLIVAN , Appellant,

v.

S TATE O F F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Tatiana Salvador , Judge

. September 29, 2022

P ER C URIAM

.
A FFIRMED

.
L EWIS , M AKAR , and B ILBREY , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Glenn Lavern Sullivan, pro se
, Appellant.

Ashley Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee
, for Appellee.
|   |                                                                                                                                                                                                                                          |   |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|   | /s/ Kim      Bradford                                          |   |

|   | Kim      Bradford                  |
|--------|------------------------------------|
|   | Chief      Financial Officer       |
|   | (Principal      Financial Officer) |

|   |
|--------|

|    | /s/ Kim      Bradford                                        |   |
|--------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|

|   | Kim      Bradford,                          |
|--------|---------------------------------------------|
|   | President      and Chief Executive Officer, |
|   | (Principal      Executive Officer)          |

----
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 30, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-40983

Summary Calendar

 

RANDY GLENN CLARY,

Plaintiff-Appellant,

versus

JAMES STROUD, Sheriff; UNIDENTIFIED KISSINGER;

J. R. KISSINGER, Jailer; UNIDENTIFIED LANGLY, Jailer;

UNIDENTIFIED HOWETH, Sergeant,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:00-CV-96

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

Before JOLLY, JONES and CLEMENT, Circuit Judges.

PER CURIAM:*

Randy Glenn Clary (TDCJ # 1073341) appeals the magistrate

judge’s dismissal of his 42 U.S.C. § 1983 complaint following a

bench trial. We reject the appellees’ contention that the notice

of appeal was timely only with respect to the denial of the motion

for a new trial. Although it was not filed until later, Clary

submitted his motion for a new trial within 10 days after the entry
No. 02-40983

-2-

of final judgment. See Houston v. Lack, 487 U.S. 266, 276 (1988).

Accordingly, the time for filing the notice of appeal began to run

from the disposal of the post-judgment motion. See Mangieri v.

Clifton, 29 F.3d 1012, 1015 n.5 (5th Cir. 1994).

We find no abuse of discretion in the denial of Clary’s motion

for a continuance, or in the denial of his motion for the

appointment of counsel. See Streber v. Hunter, 221 F.3d 701, 736

(5th Cir. 2000); Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.

1982). The magistrate judge did not exclude relevant testimony or

improperly participate in the trial. Nor did the magistrate judge

abuse his discretion in denying the motion for a new trial.

Streber, 221 F.3d at 736.

AFFIRMED.
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 filing of the Annual Report on Form 10-KSB for the fiscal year
ended December 31, 2005 (the Report) by CapSource Financial, Inc.
(Registrant), I, Steven J. Kutcher, Chief Financial Officer of the Registrant,
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, 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, as amended, and

2.    
          The information contained in the Report fairly presents, in all material
          respects, the financial condition and results of operations of Registrant.

A
signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears in typed
form within the electronic version of this written statement required by Section 906, has
been provided to CapSource Financial, Inc. and will be retained by CapSource Financial,
Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

|DATE: March 27, 2006 | By: | /s/ Steven J. Kutcher  
|-------------------- | --- | -----------------------
|                     |     |                        
|                     |     | Name: Steven J. Kutcher
|                     |     | Chief Financial Officer

---
Exhibit
32.1




CERTIFICATIONS
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION
1350)









In
connection with the Quarterly Report of WiTel, Corp. (the "Company") on Form
10-Q for the period ending March 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Gary Tsitron,
Chief Executive 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:




(1)       
The Report fully complies with the requirements of Section 13(a) or 15(d) 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 result of operations of the
Company.






Date:
      May 13, 2009
            
            By:
      /s/ Gary TsitronGary TsitronChairman,
      President Chief Executive Officer (Principle Executive
      Officer)
**Exhibit No. 32.1**

Form 10-Q

BTHC XIV, Inc.

File No. 0-52722

**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 BTHC XIV, Inc. (the “Company”) on Form 10-Q for the period ending September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Timothy P. Halter, Chief Executive and Chief 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:

|  | (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. |
|--|-----------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated: October 27, 2008                                                                                                                                                                                                                                | /s/ Timothy P. Halter       |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------|
|                                                | Timothy P. Halter           |
|                                           | Chief Executive Officer     |
|                                                | and Chief Financial Officer |

A signed original of this written statement required by Section 906 has been provided to BTHC XIV, Inc. and will be retained by BTHC XIV, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
No. 454.

#### George Clough, Petitioner, *v.*Grand Trunk Western Railway Company.

December 14, 1908.

Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Sixth Circuit denied. *Mr. H. H. Hatch*for petitioner. *Mr. Harrison Geer*for respondent.
144 So. 917

#### STATE ex rel. Jas. PADGETT et al. v. I. I. MOSES et al.

4 Div. 625.

Supreme Court of Alabama.

Nov. 8, 1932.

PER CURIAM.

Appeal dismissed by agreement.
Orderentered October

# {)3 ,2012

InThe 

## QCourt of**~eal~** 

## jfiftb**1Di~trirt** 

## of**'Utexa~** 

## at**maUa~** No. 05-12-00493-CR ISRAEL CORONEL,Appellant 

## v. THE STATE OFTEXAS, Appellee On Appeal from the 283rdJudicial District Court Dallas County, Texas Trial Court CauseNo. F09-60181-T 

### ORDER The Court ORDERS the trial court to conduct a hearing to determine why appellant's brief has not been filed. In this regard, the trial court shall make appropriate findings and recommendations and determine whether appellant desires to prosecute the appeal, whether appellant is indigent, or ifnot indigent, whether retained counsel has abandoned the appeal. See

TEX. R. APP. P. 38.8(b). Ifthe trial court cannot obtain appellant's presence at the hearing, the trial court shall conduct the hearing in appellant's absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.-Corpus Christi 1987, no pet.) (per curiam). Ifappellant is in4igent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment ofnew counsel.We ORDER the trial court to transmit a record ofthe proceedings, which shall include written findings and recommendations, to this Court within TIDRTY DAYS ofthe date ofthis order. This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

# uu~~ DAVID L. BRIDGES JUSTICE
**Exhibit 32.3**

 

 

CERTIFICATIONPURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATESCODE

 

                I, Gregg Buckbinder, certifythat (i) the Annual Report of Global Macro Trust (the “Trust”) on Form 10-Kfor the period ending December 31, 2007 fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and (ii) the information contained in such AnnualReport fairly presents, in all material respects, the financial condition andresults of operations of the Trust.

 

 
| /s/    | Gregg Buckbinder                      |
|--------|---------------------------------------|
|   | Gregg Buckbinder                      |
|   | Chief Financial and Operating Officer |
|   | Millburn Ridgefield Corporation       |
|   | Managing Owner, Global Macro Trust    |
|   | March 28, 2008                   |

 

 

 

----
Clear All

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