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              06/25/2013

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# C_2012049EN.01001101.xml

| 18.2.2012 | EN | Official Journal of the European Union | C 49/11 |
| --- | --- | --- | --- |

18.2.2012

EN

Official Journal of the European Union

C 49/11

---

Judgment of the Court (Third Chamber) of 21 December 2011 (reference for a preliminary ruling from the Corte dei Conti — Sezione Giurisdizionale per la Regione Siciliana — Italy) — Teresa Cicala v Regione Siciliana

(Case C-482/10) (1)

1

(National administrative procedure - Administrative acts - Obligation to state reasons - Possibility of failure to state reasons being remedied during legal proceedings against an administrative act - Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union - Lack of jurisdiction of the Court)

2012/C 49/16

Language of the case: Italian

Referring court

Referring court

Corte dei Conti — Sezione Giurisdizionale per la Regione Siciliana

Parties to the main proceedings

Parties to the main proceedings

Applicant: Teresa Cicala

Applicant:

Defendant: Regione Siciliana

Defendant:

Re:

Re:

Reference for a preliminary ruling — Corte dei Conti — Sezione Giurisdizionale per la Regione Siciliana — Interpretation of Article 296 TFEU and of Article 41(2)(c) of the Charter of Fundamental Rights of the European Union — Compatibility of national legislation providing that public authorities are not obliged to state reasons for their acts in certain circumstances or may supplement a lack of reasons for an administrative act in the course of court proceedings brought against that act

Operative part of the judgment

Operative part of the judgment

The Court of Justice of the European Union does not have jurisdiction to respond to the questions posed by the Corte dei conti, sezione giurisdizionale per la Regione Siciliana (Italy), by decision of 20 September 2010.

---

(1)  OJ C 328, 4.12.2010.

1

---
# C_2012073EN.01002502.xml

| 10.3.2012 | EN | Official Journal of the European Union | C 73/25 |
| --- | --- | --- | --- |

10.3.2012

EN

Official Journal of the European Union

C 73/25

---

Order of the President of the Second Chamber of the Court of 25 October 2011 (reference for a preliminary ruling from the Landesarbeitsgericht Köln — Germany) — Land Nordrhein-Westfalen v Sylvia Jansen

(Case C-313/10) (1)

1

2012/C 73/44

Language of the case: German

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

---

(1)  OJ C 274, 9.10.2010.

1

---
# C_2010161EN.01001202.xml

| 19.6.2010 | EN | Official Journal of the European Union | C 161/12 |
| --- | --- | --- | --- |

19.6.2010

EN

Official Journal of the European Union

C 161/12

---

Judgment of the Court (Fourth Chamber) of 22 April 2010 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Enosi Efopliston Aktoploïas and Others v Ipourgos Emporikis Naftilias, Ipourgos Aigaiou

(Case C-122/09) (1)

(Maritime transport - Maritime cabotage - Regulation (EEC) No 3577/92 - Temporary exemption from the implementation of that regulation - Obligation on Member States to refrain from adopting, before expiry of the period of exemption, provisions liable seriously to compromise the application of that regulation)

(2010/C 161/17)

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicants: Enosi Efopliston Aktoploïas, ANEK, Minoïkes Grammes, N.E. Lesvou, Blue Star Ferries

Defendants: Ipourgos Emporikis Naftilias, Ipourgos Aigaiou

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Articles 1, 2, 4 and 6(3) of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) — Temporary exemption from implementation of the regulation — Obligation on Member States not to adopt, before the period of exemption expires, provisions liable to compromise the full and complete application of the regulation — Right of individuals to rely on the regulation to challenge the validity of national provisions having such an effect

Operative part of the judgment

Assuming that the Greek legislature was required, for the duration of the exemption in Greece from implementation of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), to refrain from adopting provisions liable seriously to compromise the full and effective application of the regulation from 1 January 2004, the date on which that period of exemption expired, such full and effective application is not seriously compromised simply because in 2001 the Greek legislature adopted provisions contrary to the regulation which are exhaustive and permanent in nature and do not lay down that they cease to apply from 1 January 2004.

---

(1)  OJ C 141, 20.6.2009.

---
**EXHIBIT 10.55**

**FIRST AMENDMENT**

**TO THE**

**GSI GROUP INC. 2010 INCENTIVE AWARD PLAN**

GSI Group Inc. (the “Company”), a New Brunswick corporation, has previously adopted the GSI Group Inc. 2010 Incentive Award Plan (the “Plan”). 

In order to amend the Plan in certain respects, this First Amendment to the Plan has been adopted by a resolution of the Compensation Committee of theCompany on December 6, 2010, effective as set forth below. This First Amendment to the Plan, together with the Plan, constitutes the entire Plan as amended to date. Effective as of December 20, 2010: 

1. Pursuant to Section 13.2(c) of the Plan, in connection with the reverse stock split implemented by the Board of Directors of theCompany, effective December 20, 2010 (the “Stock Consolidation”), for the avoidance of doubt, Section 3.1(a) of the Plan is hereby amended by replacing the number “8,695,841” with the number“2,898,613”. 

2. Pursuant to Section 13.2(c) of the Plan, in connection with the Stock Consolidation, for theavoidance of doubt, Section 3.3 of the Plan is hereby amended by replacing the number “3,260,940” with the number “1,086,980”. 

3. Pursuant to Section 13.1 of the Plan, Section 2.8(b) of the Plan is hereby amended by replacing the phrase “two-year” with the phrase “12 month”. 

*** * * * ***

Executed this 6th day of December, 2010.
Exhibit








Exhibit 10.1






AMENDMENT NO. 1 
TO 
KELLOGG COMPANY 
2017 LONG-TERM INCENTIVE PLAN


WHEREAS, Kellogg Company (the “Company”) maintains the Kellogg Company 2017 Long-Term Incentive Plan (the “Plan”); 


WHEREAS, pursuant to Section 15.1 of the Plan, the Board of Directors of the Company (the “Board”) may amend the Plan at any time and from time to time in such respects as the Board may deem to be in the best interests of the Company; and


WHEREAS, the Board has determined that it is advisable to amend the Plan on the terms set forth herein.


NOW, THEREFORE, by virtue and in exercise of the power reserved to the Board by Section 15.1 of the Plan, effective June 7, 2018, Section 2.26 of the Plan is deleted and Section 4.4.6 of the Plan is amended solely by replacing the reference to “Director” with “non-employee Director.”  As amended, Section 4.4.6 will read as follows:


“4.4.6     Limit on Non-Employee Director Awards. The aggregate grant date fair value (as determined in accordance with generally accepted accounting principles applicable in the United States) of all Awards credited or granted during any calendar year to any non-employee Director shall not exceed $800,000.”
Wilfredo E. UGAY, as Personal Representative of the Estate of Jaime D. Ugay, petitioner, v. David J. SHULKIN, Secretary of Veterans Affairs.

No. 17-7766.

Supreme Court of the United States

April 2, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
Joseph Daniel PIRESTANI, petitioner, v. Kevin J. REAGAN, et al.

No. 17-7632.

Supreme Court of the United States

March 26, 2018.

Petition for writ of certiorari to the Supreme Court of Delaware denied.
Chester Lambert LILLEY, Jr., petitioner, v. Edward THOMAS, Warden.

No. 17-7090.

Supreme Court of the United States

Feb. 20, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
##### 



Exhibit 13.(a).1

CERTIFICATION OF CHIEF EXECUTIVE 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 chinadotcom corporation (the
Company) on Form 20-F/A for the period ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Form 20-F/A),
I, Peter Yip, Chief Executive 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 Form 20-F/A 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 Form 20-F/A fairly presents, in all
material respects, the financial condition and results of operations of
the Company.

Date: January 20, 2004

| |  |                                  
| |  | ---------------------------------
| |  | /s/ Peter Yip                    
| |  |                                  
| |  | Peter Yip
Chief Executive Officer

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 chinadotcom corporation
and will be retained by chinadotcom corporation and furnished to the Securities
and Exchange Commission or its staff upon request.
William P. GRISE, et al., petitioners, v. Ronald T. ALLEN, et al.

No. 17-1051.

Supreme Court of the United States

April 2, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
John ALBRITTON, petitioner, v. UNITED STATES.

No. 17-8068.

Supreme Court of the United States

April 16, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
# C_2011103EN.01000801.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/8 |
| --- | --- | --- | --- |

2.4.2011

EN

Official Journal of the European Union

C 103/8

---

Judgment of the Court (Third Chamber) of 17 February 2011 (reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division) (United Kingdom)) — The Number Ltd, Conduit Enterprises Ltd v Office of Communications, British Telecommunications plc

(Case C-16/10) (1)

1

(Approximation of laws - Telecommunications - Networks and services - Directive 2002/22/EC - Designation of undertakings to provide universal service - Specific obligations imposed on the designated undertaking - Directory enquiry services and directories)

2011/C 103/11

Language of the case: English

Referring court

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Parties to the main proceedings

Applicants: The Number Ltd, Conduit Enterprises Ltd

Applicants:

Defendants: Office of Communications, British Telecommunications plc

Defendants:

Re:

Re:

Reference for a preliminary ruling — Court of Appeal (England & Wales) (Civil Division) — Interpretation of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21), Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33) and Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51) — Designation of undertakings to provide universal service — Specific obligations which may be imposed on the designated undertaking

Operative part of the judgment

Operative part of the judgment

Article 8(1) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) permits Member States, where they decide to designate one or more undertakings under that provision to guarantee the provision of universal service, or different elements of universal service, as identified in Articles 4 to 7 and 9(2) of that same directive, to impose on such undertakings only the specific obligations, provided for in the directive, which are associated with the provision of that service, or elements thereof, to end-users by the designated undertakings themselves.

---

(1)  OJ C 63, 13.3.2010.

1

---
# C_2013026EN.01000201.xml

| 26.1.2013 | EN | Official Journal of the European Union | C 26/2 |
| --- | --- | --- | --- |

26.1.2013

EN

Official Journal of the European Union

C 26/2

---

Judgment of the Court (First Chamber) of 6 December 2012 — AstraZeneca AB, AstraZeneca plc v European Commission, European Federation of Pharmaceutical Industries and Associations (EFPIA)

(Case C-457/10 P) (1)

1

(Appeals - Competition - Abuse of dominant position - Market in anti-ulcer medicines - Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products - Misleading representations - Deregistration of marketing authorisations - Obstacles to the marketing of generic medicinal products and to parallel imports)

2013/C 26/02

Language of the case: English

Parties

Parties

Appellants: AstraZeneca AB, AstraZeneca plc (represented by: M. Brealey QC, M. Hoskins QC, D. Jowell, Barrister and F. Murphy, Solicitor)

Appellants:

Other parties to the proceedings: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents), European Federation of Pharmaceutical Industries and Associations (EFPIA) (represented by: M. Van Kerckhove, advocaat)

Other parties to the proceedings:

Re:

Re:

Appeal brought against the judgment of the General Court (Sixth Chamber, extended composition) of 1 July 2010 in Case T-321/05 AstraZeneca v Commission, in which the General Court annulled, in part, the Commission Decision of 15 June 2005 relating to a proceeding under Article 82 EC and Article 54 EEA (Case COMP/A.37.507/F3 — AstraZeneca) which imposed a fine of EUR 60 million on the appellants for abuse of the patent system and the procedure for placing pharmaceutical products on the market in order to prevent or delay the arrival on the market of competing generic medicinal products — Definition of the market — Interpretation of Article 19 of Regulation (EEC) No 1786/92 concerning the creation of a supplementary protection certificate for medicinal products

AstraZeneca

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the main appeal and cross-appeals; |
| --- | --- |

1.

Dismisses the main appeal and cross-appeals;

| 2. | Orders AstraZeneca AB and AstraZeneca plc to pay the costs relating to the main appeal; |
| --- | --- |

2.

Orders AstraZeneca AB and AstraZeneca plc to pay the costs relating to the main appeal;

| 3. | Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to pay the costs of its cross-appeal and to bear its own costs relating to the main appeal; |
| --- | --- |

3.

Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to pay the costs of its cross-appeal and to bear its own costs relating to the main appeal;

| 4. | Orders the European Commission to bear its own costs relating to its cross-appeal. |
| --- | --- |

4.

Orders the European Commission to bear its own costs relating to its cross-appeal.

---

(1)  OJ C 301, 6.11.2010.

1

---
Exhibit 31.2



CERTIFICATION



I, Beth O. MacLaughlin, certify that:



1. I have reviewed this Quarterly Report on Form 10-Q of Avatech Solutions, Inc.;



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; and



(c) 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; and



(b) 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.



|                        | 
|----------------------- | 
|Date: November 14, 2003 | 
|                        | 
|                        | 
|                        |