alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 52005AP0397 - EN

Important legal notice

*|*

# 52005AP0397

**European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the Culture 2007 programme (2007-2013) (COM(2004)0469 - C6-0094/2004 - 2004/0150(COD)) **

*
Official Journal 272 E , 09/11/2006 P. 0233 - 0246 *

P6_TA(2005)0397

Culture 2007 ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the Culture 2007 programme (2007-2013) (COM( 2004)0469 — C6-0094/2004 — 2004/0150(COD))

(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0469) [1],

- having regard to Articles 251(2) and 151(5), first indent, of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0094/2004),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Foreign Affairs, the Committee on Budgets, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0269/2005),

1. Approves the Commission proposal as amended;

2. Points out that the appropriations indicated in the Commission proposal beyond the year 2006 are subject to the decisions to be taken on the next multiannual financial framework;

3. Calls on the Commission, once the next multiannual financial framework is adopted, to present, if appropriate, a proposal to adjust the financial reference amount of the programme;

4. Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

5. Instructs its President to forward its position to the Council and Commission.

[1] Not yet published in OJ.

--------------------------------------------------
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 03-3097

___________

Homer Buckles, *

*

Appellant, *

*

v. * Appeal from the United States

* District Court for the

Bill Hedrick, Warden, U.S. Medical * Western District of Missouri.

Center for Federal Prisoners, * [Unpublished]

*

Appellee. *

___________

Submitted: October 3, 2003

Filed: October 7, 2003

___________

Before MURPHY, BOWMAN, and MELLOY, Circuit Judges.

___________

PER CURIAM

Federal inmate Homer Buckles, confined in the United States Medical Center

for Federal Prisoners at Springfield, Missouri, appeals the district court’s dismissal

without prejudice of his 28 U.S.C. § 2241 petition as moot. We grant Buckles leave

to proceed in forma pauperis on appeal. We conclude the case is not moot because

the record does not foreclose all reasonable expectations that the alleged violation

could recur during Buckles’s incarceration. See County of Los Angeles v. Davis, 440

U.S. 625, 631 (1979); St. Louis Fire Fighters Ass’n Int’l Ass’n of Fire Fighters Local
-2-

73 v. City of St. Louis, Mo., 96 F.3d 323, 329 (8th Cir. 1996). Nonetheless, Buckles

has not rebutted respondent’s evidence that Buckles failed to exhaust administrative

remedies. See 28 C.F.R. § 542 (2002); United States v. Chappel, 208 F.3d 1069,

1069-70 (8th Cir. 2000) (per curiam). 

Accordingly, we affirm the district court’s dismissal without prejudice, but

modify it to reflect that the dismissal is for Buckles’s failure to exhaust administrative

remedies. See 8th Cir. R. 47A(a).

______________________________
# C_2019155EN.01001402.xml

| 6.5.2019 | EN | Official Journal of the European Union | C 155/14 |
| --- | --- | --- | --- |

6.5.2019

EN

Official Journal of the European Union

C 155/14

---

Judgment of the Court (Tenth Chamber) of 13 March 2019 (request for a preliminary ruling from the Sąd Okręgowy w Piotrkowie Trybunalskim — Poland) — Criminal proceedings against B. S.

(Case C-195/18) (1)

(Reference for a preliminary ruling - Taxation - Excise duties on alcohol and alcoholic beverages - Directive 92/83/EEC - Article 2 - Definition of ‘beer’ - Beverage produced from wort obtained from a mixture containing more glucose than malt - Combined Nomenclature - Heading 2203 (beer made from malt) or 2206 (other fermented beverages))

(2019/C 155/18)

Language of the case: Polish

Referring court

Sąd Okręgowy w Piotrkowie Trybunalskim

Party to the main proceedings

B. S.

Other parties: Prokuratura Okręgowa w Piotrkowie Trybunalskim, Łódzki Urząd Celno-Skarbowy w Łodzi, Urząd Celno-Skarbowy w Piotrkowie Trybunalskim

Operative part of the judgment

Article 2 of Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages must be interpreted as meaning that an intermediate product intended to be mixed with non-alcoholic beverages, obtained from a wort containing less malt ingredients than non-malt ingredients and to which glucose syrup is added before the fermentation process, may be classified as ‘beer made from malt’ within heading 2203 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff in the version of Commission Regulation (EEC) No 2587/91 of 26 July 1991, provided that the organoleptic characteristics of the product correspond to those of beer, which is for the referring court to ascertain.

---

(1)  OJ C 221, 25.6.2018.

---
# C_2018408EN.01003502.xml

| 12.11.2018 | EN | Official Journal of the European Union | C 408/35 |
| --- | --- | --- | --- |

12.11.2018

EN

Official Journal of the European Union

C 408/35

---

Appeal brought on 10 January 2018 by Ccc Event Management GmbH against the order of the General Court (Sixth Chamber) made on 7 November 2017 in Case T-363/17, Ccc Event Management GmbH v Court of Justice of the European Union

(Case C-23/18 P)

(2018/C 408/46)

Language of the case: German

Parties

Appellant: Ccc Event Management GmbH (represented by: A. Schuster, Rechtsanwalt)

Other party to the proceedings: Court of Justice of the European Union

By order of 13 September 2018, the Court of Justice of the European Union (Tenth Chamber) dismissed the appeal as being in part manifestly inadmissible and in part manifestly unfounded and ordered the appellant to bear its own costs.

---
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-30209

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CHARLES LEE GREEN,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 6:02-CR-60053-1

Before JOLLY, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Charles Lee Green

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). Green has not filed a response. We have reviewed counsel’s brief and

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

assessment that the appeal presents no nonfrivolous issue for appellate review. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

United States Court of Appeals

Fifth Circuit

F I L E D

October 25, 2013

Lyle W. Cayce

Clerk

* 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.

 Case: 13-30209 Document: 00512420034 Page: 1 Date Filed: 10/25/2013
No. 13-30209

excused from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.

2

 Case: 13-30209 Document: 00512420034 Page: 2 Date Filed: 10/25/2013
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 Annual Report of Global Pharmatech, Inc. (the "Company"),
on Form 10-KSB for the year ended December 31, 2006 as filed with the Securities
and Exchange Commission ("SEC") on the date hereof (the "Report"), each of the
undersigned of the Company, certifies, pursuant to 18 U.S.C. ss.1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
their 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.

A signed original of this written statement has been provided to the Company and
will be retained by the Company and will be furnished to the SEC or its staff
upon request.

Date: April 17, 2007


/s/ Joseph J. Levinson
-----------------------------------
Name:  Joseph J. Levinson
Title: Chief Financial Officer


This Certification of the Chief Financial Officer is pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002. This exhibit is not "filed" for purposes of
Section 18 of the Securities Exchange Act of 1934 but is instead furnished as
provided by applicable rules of the Securities Exchange Commission.
# C_2017151EN.01004402.xml

| 15.5.2017 | EN | Official Journal of the European Union | C 151/44 |
| --- | --- | --- | --- |

15.5.2017

EN

Official Journal of the European Union

C 151/44

---

Action brought on 27 March 2017 — CeramTec v EUIPO — C5 Medical Werks (Shade of pink)

(Case T-195/17)

(2017/C 151/57)

Language in which the application was lodged: English

Parties

Parties

Applicant: CeramTec (Plochingen, Germany) (represented by: A. Renck and E. Nicolás Gómez, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: C5 Medical Werks (Grand Junction, Colorado, United States)

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: Figurative colour mark in pink — EU trade mark No 10 214 195

Trade mark at issue:

Procedure before EUIPO: Proceedings for a declaration of invalidity

Procedure before EUIPO

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 15 February 2017 in Case R 930/2016-4

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 and the other party to the proceedings, should it intervene, to pay the costs. |
| --- | --- |

—

order EUIPO and the other party to the proceedings, should it intervene, to pay the costs.

Plea in law

Plea in law

| — | Infringement of Articles 59 and 83 of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Articles 59 and 83 of Regulation No 207/2009.

---
#### AUSTIN v. LARGE ANIMAL MED. *&*SURGERY

No. 262P98

Case below: 129 N.C.App. 646

Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 30 September 1998.
##### 



EXHIBIT 12 CERTIFICATIONS PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002 In connection with this annual report of Ivanhoe Mines Ltd. on Form 40-F for
the fiscal period ending December 31, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Robert M. Friedland,
Chief Executive Officer of the issuer, 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 annual report fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934; and2.
    
    The information contained in the annual report fairly presents, in all
material respects, the financial condition and results of operations of
the issuer. Date: April 30, 2004 By:
    /s/ Robert M. FriedlandRobert M. FriedlandChief Executive Officer
# C_2019413EN.01004402.xml

| 9.12.2019 | EN | Official Journal of the European Union | C 413/44 |
| --- | --- | --- | --- |

9.12.2019

EN

Official Journal of the European Union

C 413/44

---

Judgment of the General Court of 24 September 2019 — US v ECB

(Case T-780/17) (1)

(Civil service - ECB staff - Appraisal report for 2016 - Annual salary and bonus review - Refusal to convert a fixed-term employment contract into a contract for an indefinite period - Obligation to state reasons - Manifest error of assessment)

(2019/C 413/52)

Language of the case: French

Parties

Applicant: US (represented by: L. Levi and A. Blot, lawyers)

Defendant: European Central Bank (represented by: F. von Lindeiner and M. Rötting, acting as Agents, and B. Wagenbaur, lawyer)

Re:

Application under Article 270 TFEU and Article 50a of the Statute of the Court of Justice of the European Union seeking, first, annulment of the applicant’s appraisal report for 2016 and the decision regarding the annual salary and bonus review for 2016 and, secondly, compensation for the harm allegedly suffered by the applicant as a result of those measures.

Operative part of the judgment

The Court:

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

1.

Dismisses the action.

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

2.

Orders US to pay the costs.

---

(1)  OJ C 52, 12.2.2018.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6716

RONALD EUGENE HOWARD,

Petitioner - Appellant,

versus

WILLIAM L. SMITH, Warden; ATTORNEY GENERAL OF

THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Herbert N. Maletz, Senior Judge, sitting

by designation. (CA-95-3507-AMD)

Submitted: November 7, 1996 Decided: November 19, 1996

Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ronald Eugene Howard, Appellant Pro Se. Tarra R. DeShields-Minnis,

OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C. § 2254 (1994), amended

by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.

No. 104-132, 110 Stat. 1214. We have reviewed the record and the

district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a

certificate of appealability and dismiss the appeal on the reasoning of the district court. Howard v. Smith, No. CA-95-3507-AMD (D.

Md. Apr. 11, 1996). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Health and Human Services Substance Abuse and Mental Health Services Administration
 Periodically, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish a list of information collection requests under OMB review, in compliance with the Paperwork Reduction Act (44 U.S.C. Chapter 35). To request a copy of these documents, call the SAMHSA Reports Clearance Officer on (301) 443-7978. Confidentiality of Alcohol and Drug Abuse Patient Records—(OMB No. 0930-0092, Extension, no change)— Statute (42 USC 290dd-2) and regulations (42 CFR Part 2) require Federally conducted, regulated, or directly or indirectly assisted alcohol and drug abuse programs to keep alcohol and drug abuse patient records confidential. Information requirements 
                    ( print page 27987)
                    are (1) written disclosure to patients about Federal laws and regulations that protect the confidentiality of each patient, and (2) documenting “medical personnel” status of recipients of a disclosure to meet a medical emergency. The annual burden estimates for these requirements are summarized in the table below. Annual 
                             responses
Responses per 
                             respondents
Burden per 
                             response
Annual burdenDisclosure 42 CFR 2.22
11,250
130.175

255,938Recordkeeping 42 CFR 2.51
11,250
2
.17
3,938Total
11,250


259,876
 Written comments and recommendations concerning the proposed information collection should be sent within 30 days of this notice to: Stuart Shapiro, Human Resources and Housing Branch, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, D.C. 20503. Dated: May 14, 2001. Richard Kopanda, Executive Officer, SAMHSA.


[FR Doc. 01-12673 Filed 5-18-01; 8:45 am] BILLING CODE 4162-20-U
Exhibit 32.1

Certification of Chief Executive Officer and Chief Financial Officer

Pursuant to 18 U.S.C. SECTION 1350

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, (the Exchange
Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Carl Russo, Chief Executive Officer of Calix, Inc. (the Company), and Kelyn Brannon-Ahn, Chief Financial Officer of the Company,
each hereby certifies that, to the best of his or her knowledge:



| | (1) | The Companys Quarterly Report on Form 10-Q for the period ended June 26, 2010, to which this Certification is attached as Exhibit 32.1 (the Periodic
Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

In Witness Whereof, the undersigned have set their hands hereto as of the
22ndday of July, 2010.



|                       
|-----------------------
|/s/ CARL RUSSO         
|Carl Russo             
|Chief Executive Officer
|                       
|/s/ KELYN BRANNON-AHN  
|Kelyn Brannon-Ahn      
|Chief Financial Officer

This certification
accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Calix, Inc. under the Securities Act of 1933, as amended, or the Securities
Exchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
WITEL
CORP.
 (A
DEVELOPMENT STAGE COMPANY)




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 WiTel Corp. (the "Company") on Form 10-Q
for the quarter ended March 31, 2008 as filed with the Securities and Exchange
Commission on or about the date hereof ("Report"), the undersigned, in the
capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to his 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.
 
 
 Dated:  May
      19, 2008
              /s/ James E.
      Renton
                James
      E. Renton
                President
      and Chief Executive Officer
                (Principal
      Executive Officer)
#### In the Matter of Larry TT. James Conway, as Superintendent of Attica Correctional Facility, et al., Respondents; Larry TT., Appellant. (Proceeding No. 1.) In the Matter of State of New York, Respondent, v Larry TT., Appellant. (Proceeding No. 2.)

Submitted January 19, 2010;

decided April 6, 2010

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that affirmed the denial of appellant’s motion to dismiss the Mental Hygiene Law article 10 proceeding, dismissed upon the ground that such portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied.