alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2018063EN.01001302.xml

| 19.2.2018 | EN | Official Journal of the European Union | C 63/13 |
| --- | --- | --- | --- |

19.2.2018

EN

Official Journal of the European Union

C 63/13

---

Action brought on 28 November 2017 — Medora Therapeutics v EUIPO — Biohealth Italia (LITHOREN)

(Case T-776/17)

(2018/C 063/18)

Language in which the application was lodged: English

Parties

Parties

Applicant: Medora Therapeutics LTD (Halandri, Greece) (represented by: S. Santos Rodríguez, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Biohealth Italia Srl (Rivoli, Italy)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Proprietor of the trade mark at issue:

Trade mark at issue: EU word mark ‘LITHOREN’ — EU trade mark No 12 744 901

Trade mark at issue:

Procedure before EUIPO: Proceedings for a declaration of invalidity

Procedure before EUIPO

Contested decision: Decision of the Second Board of Appeal of EUIPO of 14 September 2017 in Case R 178/2017-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | order EUIPO to pay the costs, including those incurred in the proceedings before EUIPO. |
| --- | --- |

—

order EUIPO to pay the costs, including those incurred in the proceedings before EUIPO.

Pleas in law

Pleas in law

| — | Infringement of Article 53(1)(a) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 53(1)(a) of Regulation No 207/2009;

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
ATTACHMENT NOT AVAILABLE ELECTRONICALLYPUBLISH UNITED STATES COURT OF APPEALS Filed 7/2/96 TENTH CIRCUIT

JEFF GULLICKSON, THOMAS A. MOSHER, CHARLES M. MOTZ, JR., MICHAEL PRATT, GERALD PUCKETT, GARY JOSEPH SALLEE, GARY WINN, Individually, and as representatives of a class of all Morris Air Pilots; COREY HOLBERG and ROBERT R. MAY, II.,

Plaintiffs-Appellants,
v. SOUTHWEST AIRLINES PILOT’S ASSOCIATION, SOUTHWEST AIRLINES COMPANY and MORRIS AIR CORPORATION,

Defendants-Appellees. No. 95-4155

Appeal from the United States District Court

for the District of Utah (D.C. No. 94-CV-660) Daniel M. Katz (Louise P. Zanar with him on the brief), of Katz & Ranzman,

P.C., Washington, D.C., for Plaintiffs-Appellants.. J. Joe Harris, Matthews & Branscomb, San Antonio, TX, and Mar vin Menaker,

Dallas, TX, for Defendants-Appellees..* Of the Sixth Circuit Court of Appeals, sitting by designation. 2 Before HENRY, MURPHY, and LIVELY * , Circuit Judges.

MURPHY , Circuit Judge.
After careful review of the record, we adopt the analysis of t he district court’s Memorandum Decision and Order Denying Plaintiffs’ Motion f or Partial Summary Judgment, Granting in Part Defendants’ Motions forSummary Judgment, and Denying Plaintiffs’ Motion for Class Certifi cation. We therefore AFFIRM for substantially the reasons given by the district court an d ORDERthe district court’s memorandum decision and order to be publis hed.

Attachment
<Page>

                                                                     Exhibit 1.8
                                  [Translation]

                               QUEBECOR MEDIA INC.
                                 (the "Company")


              BY-LAW AUTHORIZING THE CREATION OF A FIFTH SERIES OF
                           PREFERRED SHARES SERIES "E"

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

                                      being

                              BY-LAW NUMBER 2004-2

BE IT ENACTED AND IT IS HEREBY ENACTED AS BY-LAW NO. 2004-2 OF THE COMPANY AS
FOLLOWS:


     1.   This by-law authorizes the creation of a fifth series of preferred
          shares, series "E", the rights, privileges, restrictions and
          conditions of which are more fully described in Schedule 1 hereto,
          which forms an integral part hereof.

     2.   Pursuant to this by-law, the President and the Secretary of the
          Company are authorized and instructed and have the power to sign this
          by-law for and on behalf of the Company and their signature hereto
          shall be deemed conclusive evidence of the approval of this by-law by
          the board of directors and the shareholder of the Company.

     3.   Any director or officer of the Company is hereby authorized and has
          the power to sign and deliver, for and on behalf of the Company, all
          such deeds, documents, contracts and agreements, to make any
          representation, to deliver or have delivered any certificate and to do
          such other acts and things as he or she may deem necessary, in his or
          her full discretion, to give effect to this by-law, including, without
          limitation, the filing of articles of amendment to give effect to the
          creation of the preferred shares, as provided in this by-law.


By-law number 2004-2, adopted and signed on November 26, 2004.


(s) Serge Gouin                             (s) Louis Saint-Arnaud
------------------------------              ------------------------------------
Serge Gouin                                 Louis Saint-Arnaud
President and Chief Executive Officer       Senior Vice President, Legal Affairs
                                            and Secretary
# C_2017256EN.01003902.xml

| 7.8.2017 | EN | Official Journal of the European Union | C 256/39 |
| --- | --- | --- | --- |

7.8.2017

EN

Official Journal of the European Union

C 256/39

---

Action brought on 20 June 2017 — Tengelmann Warenhandelsgesellschaft v EUIPO — C & C IP (T)

(Case T-379/17)

(2017/C 256/45)

Language in which the application was lodged: English

Parties

Parties

Applicant: Tengelmann Warenhandelsgesellschaft KG (Mülheim an den Ruhr, Germany) (represented by: H. Prange and S. Köber lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: C & C IP Sàrl (Luxembourg, Luxembourg)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant: Applicant

Applicant:

Trade mark at issue: EU figurative mark containing the word element ‘T’ — Application for registration No 011 623 097

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 March 2017 in Case R 415/2015-5

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | set aside the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (Trade Marks and designs) (‘EUIPO’) of 23 March 2017 in the appeal No R 415/2015-5 concerning the opposition proceedings No B 002 256 702 regarding European Union Trade Mark Application No 011 623 097, which was received by the applicant on 12 April 2017, and to amend it to the effect that the opposition is rejected in its entirety; |
| --- | --- |

—

set aside the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (Trade Marks and designs) (‘EUIPO’) of 23 March 2017 in the appeal No R 415/2015-5 concerning the opposition proceedings No B 002 256 702 regarding European Union Trade Mark Application No 011 623 097, which was received by the applicant on 12 April 2017, and to amend it to the effect that the opposition is rejected in its entirety;

| — | order the defendant and, as the case may be, the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including the costs of the appeal proceedings. |
| --- | --- |

—

order the defendant and, as the case may be, the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including the costs of the appeal proceedings.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
EXHIBIT 32.2

**CERTIFICATION OF CFO PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

****

            In connection with the Quarterly Report on Form 10-Q of Vanguard Health Systems, Inc. (the “Company”) for the quarterly period ended September 30, 2009 (the “Report”), I,Phillip W. Roe, Executive Vice President, Chief Financial Officer, Chief Accounting Officer and Treasurer of the Company, certify, for the purpose of complying with 18 U.S.C. Section 1350 and Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934(the “Exchange Act”), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

            (1)      The Report fully complies with the requirements of Section 13(a) or 15(d)                       of the Exchange Act; 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/ Phillip W. Roe                                  Phillip W. RoeExecutive Vice President, Chief Financial Officer,Chief Accounting Officer and TreasurerNovember 10, 2009
# C_2018032EN.01003301.xml

| 29.1.2018 | EN | Official Journal of the European Union | C 32/33 |
| --- | --- | --- | --- |

29.1.2018

EN

Official Journal of the European Union

C 32/33

---

Action brought on 7 November 2017 — Wattiau v Parliament

(Case T-737/17)

(2018/C 032/46)

Language of the case: French

Parties

Parties

Applicant: Francis Wattiau (Bridel, Luxembourg) (represented by: S. Orlandi and T. Martin, lawyers)

Applicant:

Defendant: European Parliament

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision to make him liable for the amount of EUR 843,01, included in the breakdown of expenses No 244 from the settlements office; |
| --- | --- |

—

Annul the decision to make him liable for the amount of EUR 843,01, included in the breakdown of expenses No 244 from the settlements office;

| — | Annul, where necessary, the decision of the Appointing Authority of 2 August 2017; |
| --- | --- |

—

Annul, where necessary, the decision of the Appointing Authority of 2 August 2017;

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

—

Order the Parliament to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant raised an objection of illegality against the agreement concluded between the European Union and the Federation of Luxembourg Hospitals increasing by 15 % the medical expenses incurred by the members of the Joint Sickness Insurance Scheme (JSIS) in Luxembourg. That objection of illegality is based on two pleas in law.

| 1. | First plea in law, alleging breach of the principle of non-discrimination on grounds of nationality and Articles 12 and 14 of the Protocol on privileges and immunities. |
| --- | --- |

1.

First plea in law, alleging breach of the principle of non-discrimination on grounds of nationality and Articles 12 and 14 of the Protocol on privileges and immunities.

| 2. | Second plea in law, alleging breach of the principle of sound financial management set out in Article 30 of Regulation No 966/2012 and Article 43 of the Joint Rules on Sickness Insurance for Officials of the European Union. |
| --- | --- |

2.

Second plea in law, alleging breach of the principle of sound financial management set out in Article 30 of Regulation No 966/2012 and Article 43 of the Joint Rules on Sickness Insurance for Officials of the European Union.

---
# C_2017070EN.01003001.xml

| 6.3.2017 | EN | Official Journal of the European Union | C 70/30 |
| --- | --- | --- | --- |

6.3.2017

EN

Official Journal of the European Union

C 70/30

---

Action brought on 20 January 2017 — Weber-Stephen Products v EUIPO (iGrill)

(Case T-35/17)

(2017/C 070/39)

Language of the case: English

Parties

Parties

Applicant: Weber-Stephen Products LLC (Palatine, Illinois, United States) (represented by: R. Niebel and A. Jauch, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Trade mark at issue: International registration No 1 258 162 designating the European Union in respect of the word mark ‘iGrill’

Trade mark at issue:

Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 November 2016 in Case R 538/2016-2

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 7(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation No 207/2009.

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

|              |                                 |                        |
|-------------------|--------------------------------------|-----------------------------|
|              |                                 |                        |
| Date: May 3, 2010 | By:                                  | /s/ Timothy P. Halter  |   |
|              |  Timothy P. Halter         |                        |
|              |   Chief Executive Officer  |                        |
|              |  and Chief Financial Officer    |                        |
cmeé

Chicago Mercantile Exchange

20 South Wacker Drive
‘Chicago, IL 60606-7499
www.cme.com

July 26, 2005

Ms. Jean A. Webb

Office of the Secretariat

Commodity Futures Trading Commission
Three Lafayette Centre

1155 21* Street, NW

Washington, DC 20581

RE: CME Rule 536 (“Recordkeeping Requirements for Pit, Globex
and Negotiated Trades”)
Submission No. 05-72

Dear Ms. Webb:
Chicago Mercantile Exchange Inc. (“CME” or “Exchange") hereby notifies the Commodity Ne
Futures Trading Commission ("CFTC or "Commission") that the Exchange approved changes
to Rule 536 at its regularly scheduled Board meeting on July 25, 2005. The amended rule is
effective immediately. In order to clarify certain audit trail requirements, the changes to Rule
536.A. appear below, with additions underscored.

536. RECORDKEEPING REQUIREMENTS FOR PIT, GLOBEX, AND
NEGOTIATED TRADES

536.A. Member Open Outcry Pit Trades
[Sections 1 — 3 are unchanged.]
4. Clearing Members
[Sections a—c are unchanged.]
d. Clearing members are required to keypunch the flashed order indicator

“F” in the Broker Receipt Source Code field on the trade submission for
those orders which are handsignalled into the pit.

e. Clearing members are required to accurately record the order type
indicator on all floor orders and to keypunch the order type indicator on
the trade submission.

(over)



The Exchange certifies that these revisions neither violate nor are inconsistent with any
provision of the Commodity Exchange Act or of the rules and regulations thereunder.
If you have any questions regarding this matter, please call me at (312) 648-5422.

Sincerely,

/S/ Stephen M. Szarmack
Director and Associate General Counsel

‘SMS/mm/5384 SUB 05-72.doc
Exhibit
32 CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18
U.S.C. SECTION 1350)   In
connection with the Quarterly Report of ArtVentive Medical Ventures Inc., a
Nevada corporation (the Company), on Form 10-Q for the quarter ending
March 31, 2010, as filed with the Securities and Exchange Commission (the
Report), I, H. James Graham, President of the Company, certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to
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/
H. James Graham ____________ H. James Graham President Chief
Accounting Officer  Dated: May 24,
2010        CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18
U.S.C. SECTION 1350)   In
connection with the Quarterly Report of ArtVentive Medical Ventures Inc., a
Nevada corporation (the Company), on Form 10-Q for the quarter ending
March 31, 2010, as filed with the Securities and Exchange Commission (the
Report), I, Leon Rudakov, CEO of the Company, certify, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to 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/
Dr. Leon Rudakov ____________ Dr. Leon Rudakov,
CEO  Dated: May 24,
2010
# C_2017112EN.01003901.xml

| 10.4.2017 | EN | Official Journal of the European Union | C 112/39 |
| --- | --- | --- | --- |

10.4.2017

EN

Official Journal of the European Union

C 112/39

---

Action brought on 30 January 2017 — Healy v Commission

(Case T-55/17)

(2017/C 112/54)

Language of the case: French

Parties

Parties

Applicant: John Morrison Healy (Celbridge, Ireland) (represented by: S. Orlandi and T. Martin, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | annul the decision of 11 April 2016 by which the selection board excluded the applicant from participating in Competition COM/02/AST/16 (AST 2); |
| --- | --- |

—

annul the decision of 11 April 2016 by which the selection board excluded the applicant from participating in Competition COM/02/AST/16 (AST 2);

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging breach of the first paragraph of Article 27 of the Staff Regulations.

The applicant is of the view that the admission condition at issue, namely that of demonstrating 42 months of service within the Commission, is not justified in view of the requirements of the positions to be filled.

In addition, the applicant claims that Article 82(7) of the Conditions of Employment of Other Servants (CEOS) is incompatible with Article 27 of the Staff Regulations in so far as it excludes, in all cases, contract staff who have completed less than 36 months of service from participating in internal competitions. In the present case, the applicant maintains, the Commission took the view that 36 months was a minimum threshold which vitiated the Appointing Authority’s assessment of the admission condition at issue.

---
NEX SEF-2019-R-5

March 4, 2019

Submitted via CFTC Portal

Division of Market Oversight

U.S. Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

via email: submissions@cftc.gov; dmosubmissions@cftc.gov

Re: NEX SEF Limited – CFTC Regulation 40.6(d) Notification – Weekly Notification of Rule Amendments

Ladies and Gentlemen:

Pursuant to Section 40.6(d) of the regulations of the Commodity Futures Trading Commission (the 

“Commission”), NEX SEF Limited (“NEX SEF”) hereby submits this weekly notification of the following 

rule amendments made effective during the week of February 25, 2019. The amendment to was made 

effective March 1, 2019.

In accordance with Section 40.6(d)(1)(i) of the Commission’s regulations, Market Regulation Advisory 

Notice 2019-01 (“MRAN 2019-01”) has been amended to change the effective date of the MRAN from 

March 11, 2019 to March 26, 2019 in order to provide Participants with sufficient time to adjust to the 

updated MRAN. No other changes have been made to MRAN 2019-01. A clean copy of MRAN 2019-01 

is attached hereto as Exhibit A and a copy of MRAN 2019-01 marked to show changes against the

version last submitted to the Commission is attached hereto as Exhibit B. A request for confidential 

treatment of Exhibit A and Exhibit B is being simultaneously submitted to the Commission and a copy of 

that request for confidential treatment is included with this submission. 

Please contact the undersigned at (212) 521-4609 with any questions regarding this matter.

Very truly yours,

Nirup Ramalingam, Chief Operating Officer

NEX SEF LIMITED

2 Broadgate

London EC2M 7UR

United Kingdom

ACTIVE 232644888
# C_2018142EN.01004802.xml

| 23.4.2018 | EN | Official Journal of the European Union | C 142/48 |
| --- | --- | --- | --- |

23.4.2018

EN

Official Journal of the European Union

C 142/48

---

Judgment of the General Court of 7 March 2018 — Equivalenza Manufactory v EUIPO — ITM Entreprises (BLACK LABEL BY EQUIVALENZA)

(Case T-6/17) (1)

1

((EU trade mark - Opposition proceedings - Application for the EU figurative mark BLACK LABEL BY EQUIVALENZA - Earlier international figurative mark LABELL - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b), of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 142/64)

Language of the case: Spanish

Parties

Parties

Applicant: Equivalenza Manufactory, SL (Barcelona, Spain) (represented by: G. Macías Bonilla, G. Marín Raigal and E. Armero Lavie, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and M. del Mar Baldares, acting as Agents)

Defendant:

Other party to the proceedings before the Board of Appeal of EUIPO: ITM Entreprises SAS (Paris, France)

Other party to the proceedings before the Board of Appeal of EUIPO:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 October 2016 (Case R 690/2016-2) relating to opposition proceedings between ITM Entreprises and Equivalenza Manufactory

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 October 2016 (Case R 690/2016-2); |
| --- | --- |

1.

Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 11 October 2016 (Case R 690/2016-2);

| 2. | Orders EUIPO to bear its own costs and to pay those incurred by, Equivalenza Manufactory, SL in the proceedings before the General Court. |
| --- | --- |

2.

Orders EUIPO to bear its own costs and to pay those incurred by, Equivalenza Manufactory, SL in the proceedings before the General Court.

---

(1)  OJ C 63, 27.2.2017.

1

---