alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023223EN.01001101.xml

| 26.6.2023 | EN | Official Journal of the European Union | C 223/11 |
| --- | --- | --- | --- |

26.6.2023

EN

Official Journal of the European Union

C 223/11

---

Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 15 March 2023 — Sony Computer Entertainment Europe Ltd. v Datel Design and Development Ltd., Datel Direct Ltd., JS

(Case C-159/23, Sony Computer Entertainment Europe)

(2023/C 223/15)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant and appellant on a point of law: Sony Computer Entertainment Europe Ltd.

Defendants and respondents on a point of law: Datel Design and Development Ltd., Datel Direct Ltd., JS

Questions referred

| 1. | Is there an interference with the protection afforded to a computer program under Article 1(1) to (3) of Directive 2009/24/EC (1) in the case where it is not the object code or the source code of a computer program, or the reproduction thereof, that is changed, but instead another program running at the same time as the protected computer program changes the content of variables which the protected computer program has transferred to the working memory and uses in the running of the program? |
| --- | --- |

1.

Is there an interference with the protection afforded to a computer program under Article 1(1) to (3) of Directive 2009/24/EC (1) in the case where it is not the object code or the source code of a computer program, or the reproduction thereof, that is changed, but instead another program running at the same time as the protected computer program changes the content of variables which the protected computer program has transferred to the working memory and uses in the running of the program?

| 2. | Is an alteration within the meaning of Article 4(1)(b) of Directive 2009/24 present in the case where it is not the object code or the source code of a computer program, or the reproduction thereof, that is changed, but instead another program running at the same time as the protected computer program changes the content of variables which the protected computer program has transferred to the working memory and uses in the running of the program? |
| --- | --- |

2.

Is an alteration within the meaning of Article 4(1)(b) of Directive 2009/24 present in the case where it is not the object code or the source code of a computer program, or the reproduction thereof, that is changed, but instead another program running at the same time as the protected computer program changes the content of variables which the protected computer program has transferred to the working memory and uses in the running of the program?

---

(1)  Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (Codified version) (OJ 2009 L 111, p. 16).

---
Exhibit 99.1

                            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 Annual Report of Active Power, Inc. (the "Company")
on Form 10-K for the period ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph
F. Pinkerton, III, Chairman of the Board and 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, 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
      as of the dates and for the periods expressed in the Report.


                                    /s/ Joseph F. Pinkerton, III
                                    ------------------------------------
                                    Joseph F. Pinkerton, III
                                    Chairman of the Board and Chief
                                    Executive Officer
                                    March 7, 2003
EXHIBIT 99.2


                         RECKSON ASSOCIATES REALTY CORP.
                                  EXHIBIT 99.2
              CERTIFICATION PURSUANT TO SECTION 1350 OF CHAPTER 63
                      OF TITLE 18 OF THE UNITED STATES CODE


I, Scott H. Rechler, Co-Chief Executive Officer of Reckson Associates Realty
Corp. (the "Company"), certify pursuant to section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that:

         1)       The Quarterly Report on Form 10-Q of the Company for the
                  quarterly period ended September 30, 2002 (the "Report") fully
                  complies with the requirements of Section 13(a) or 15(d) of
                  the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
                  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:  November 12, 2002

                                 By /s/ Scott H. Rechler
                                    --------------------------------------------
                                    Scott H. Rechler, Co-Chief Executive Officer
[Federal Register Volume 70, Number 20 (Tuesday, February 1, 2005)]
[Rules and Regulations]
[Pages 5044-5045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1734]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9170]
RIN 1545-BD99


Section 1374 Effective Dates; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correcting amendment.

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

SUMMARY: This document corrects temporary regulations (TD 9170) that 
were published in the Federal Register on Wednesday, December 22, 2004 
(69 FR 76612), that provide guidance concerning the applicability of 
section 1374 to S corporations that acquire assets in carryover basis 
transactions from C corporations on or after December 27, 1994, and to 
certain corporations that terminate S

[[Page 5045]]

corporation status and later elect again to become S corporations.

DATES: This document is effective on December 22, 2004.

FOR FURTHER INFORMATION CONTACT: Stephen R. Cleary, (202) 622-7750 (not 
a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    The final and temporary regulations (TD 9170) that is the subject 
of this correction are under 1374 of the Internal Revenue Code.

Need for Correction

    As published, the final and temporary regulations (TD 9170) 
contains an error that may prove to be misleading and are in need of 
clarification.

List of Subjects in 26 CFR Parts 1

    Income Tax, Reporting and recordkeeping requirements.

Correction of Publication

0
Accordingly, 26 CFR Part 1 is corrected by making the following 
correcting amendment:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *

0
2. In Sec.  1.1374-8T, the section heading, and paragraphs (a)(1) and 
(a)(2) are revised to read as follows:


Sec.  1.1374-8T 1374(d)(8)  transactions (temporary).

    (a)(1) (Reserved) For further guidance see Sec.  1.1374-8(a).
    (2) Section 1374(d)(8) applies to any Sec.  1.1374(d)(8) 
transaction, as defined in paragraph (a)(1) of this section, that 
occurs on or after December 27, 1994, without regard to the date of the 
corporation's election to be an S corporation under section 1362.
* * * * *

Cynthia E. Grigsby,
Acting Chief, Publications and Regulations Branch, Legal Processing 
Division, Associate Chief Counsel (Procedures and Administration).
[FR Doc. 05-1734 Filed 1-31-05; 8:45 am]
BILLING CODE 4830-01-P
EXHIBIT 32.01



CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the accompanying periodic report of Glenborough Realty Trust Incorporated (the Company) on Form 10-Q/A for the period ended
March 31, 2005, as filed with the Securities and Exchange Commission (the Report), I, Andrew Batinovich, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my knowledge:



(1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.



This Certification has not been, and shall not be deemed, filed with the Securities and Exchange Commission.



|                       |  |                                      
|---------------------- |  | -------------------------------------
|Date: January 24, 2006 |  | /s/ Andrew Batinovich                
|                       |  | Andrew Batinovich                    
|                       |  | Chief Executive Officer              
|                       |  | Glenborough Realty Trust Incorporated
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This  schedule  contains  summary  financial   information  extracted  from  the
Registrant's  unaudited  interim  financial  statements for the six month period
ended June 30,  1999 and is  qualified  in its  entirety by  reference  to those
financial statements.
</LEGEND>
<CIK> 0000930364
<NAME> RIDGEWOOD ELECTRIC POWER TRUST IV

<S>                             <C>
<PERIOD-TYPE>                                    6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                       1,099,309
<SECURITIES>                                16,975,513<F1>
<RECEIVABLES>                                1,201,724
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            19,572,717<F2>
<PP&E>                                      16,651,406
<DEPRECIATION>                              (2,535,002)
<TOTAL-ASSETS>                              42,098,615
<CURRENT-LIABILITIES>                        2,186,728<F3>
<BONDS>                                      3,786,560
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  30,128,064<F4>
<TOTAL-LIABILITY-AND-EQUITY>                42,098,615
<SALES>                                      3,486,909
<TOTAL-REVENUES>                             3,671,409
<CGS>                                        3,086,051
<TOTAL-COSTS>                                3,086,051
<OTHER-EXPENSES>                               589,863
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 39,212<F5>
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             39,212<F5>
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    39,212<F5>
<EPS-BASIC>                                       82
<EPS-DILUTED>                                       82

<FN>
<F1>Investment  in  hydroelectric  project,  Santee  River  project  and Biomass
project accounted for on equity method in financial statements.
<F2>Includes $246,618 due from affiliates.
<F3>Includes $943,447 due to affiliates.
<F4>Shareholders' equity of $30,231,856 less managing share-
holders' accumulated deficit of $103,792.
<F5>After deduction of minority interest in Providence Project
earnings of $83,452.
</FN>


</TABLE>
Document Headings

                    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.                  

###### Overseas Private Investment Corporation

                    OPIC's Sunshine Act notice of its Public Hearing in Conjunction with each Board meeting was published in the                     **Federal Register**                     (Volume 70, Number 158, Page 48446) on August 17, 2005. No requests were received to provide testimony or submit written statements for the record; therefore, OPIC's public hearing in conjunction with OPIC's September 15, 2005 Board of Directors meeting scheduled for 2 p.m. on September 8, 2005 has been cancelled.                

*Contact Person For Information:*                     Information on the hearing cancellation may be obtained from Connie M. Downs at (202) 336-8438, via facsimile at (202) 218-0136, or via e-mail at                     *cdown@opic.gov.*

Dated: September 1, 2005.

Connie M. Downs,

OPIC Corporate Secretary.

[FR Doc. 05-17723 Filed 9-1-05; 2:13 pm]

BILLING CODE 3210-01-M
STATE v. Mickey Vonrice ROLLINS.

No. 138P08.

Supreme Court of North Carolina.

April 1, 2008.

Barbara S. Blackman, Assistant Appellate Defender, Seth Edwards, District Attorney, for Rollins.

Prior report: ___ N.C.App. ___, 658 S.E.2d 43.

The following order has been entered on the motion filed on the 1st day of April 2008 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference this the 1st day of April 2008."
Document Headings

                    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 State

          - [Public Notice 4709] 

*Summary:*                     The Department of State announces that the charter of the Advisory Committee on Cultural Diplomacy has been renewed for an additional two-year period, to expire on August 31, 2007.                 

The Department of State announces that the charter of the Advisory Committee on Cultural Diplomacy, established under Public Law 107-228, section 224, has been renewed for an additional two-year period. The charter will now expire on August 31, 2007. 

The Advisory Committee on Cultural Diplomacy was established to “advise the Secretary on programs and policies to advance the use of cultural diplomacy in United States foreign policy.” 

Dated: August 31, 2005. 

Daniel Schuman, 

Chief, Cultural Programs Division, Department of State. 

[FR Doc. 05-17804 Filed 9-7-05; 8:45 am] 

BILLING CODE 4710-05-P
<PAGE>
 
                                                                      EXHIBIT 12

Ratio of Earnings to Fixed Charge:

<TABLE> 
<CAPTION> 
                                                    Three Months Ended        Three Months Ended
                                                    September 30, 1995        September 30, 1996
                                                    ------------------        ------------------
<S>                                                 <C>                       <C> 
Income (Loss) before provision for income taxes          $ 160                      $(238)
 Add fixed charges
  Interest costs including amortization of debt
   issuance cost                                             3                        426
                                                         -----                      -----
Earnings                                                 $(121)                     $ 188
                                                         =====                      =====

Fixed Charges
 Interest expense including amortization of debt
  issuance cost                                             39                        426
 Capitalized interest                                      175                        518
                                                         -----                      -----
Total Fixed Charges                                        214                        944
                                                         =====                      =====
Ratio of Earnings to Fixed Charges                        (.57)                       .20

Deficiency of Earnings to Cover Fixed Charges            $(335)                     $(756)
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 2 AND 3 OF THE COMPANY'S FORM 10-Q FOR THE YEAR-TO-DATE, AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000930550
<NAME> OCEAN ENERGY, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   34,178
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                39,156
<PP&E>                                         761,261
<DEPRECIATION>                                 240,272
<TOTAL-ASSETS>                                 582,410
<CURRENT-LIABILITIES>                           88,234
<BONDS>                                        357,186
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           197
<OTHER-SE>                                     122,508
<TOTAL-LIABILITY-AND-EQUITY>                   582,410
<SALES>                                        130,069
<TOTAL-REVENUES>                               130,069
<CGS>                                           32,592
<TOTAL-COSTS>                                   92,768
<OTHER-EXPENSES>                                 (685)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,303
<INCOME-PRETAX>                                 24,682
<INCOME-TAX>                                     8,555
<INCOME-CONTINUING>                             16,127
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,127
<EPS-PRIMARY>                                     0.77
<EPS-DILUTED>                                     0.77
        

</TABLE>
**Exhibit 31.1**

**CERTIFICATIONS**

I, Erik S. Nelson, hereby certify that:

(1)

I have reviewed this annual report on Form 10-KSB for the period ended December 31, 2006 (the "report") of New NRG, 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 small business issuer as of, and for, the periods presented in this report;

(4)

The small business issuer's other certifying officers 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 small business issuer 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 small business issuer, 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)

[Omitted]

(c)

Evaluated the effectiveness of the small business issuer'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

(d)

Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and 

(5)

The small business issuer's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of small business issuer's board of directors (or persons performing the equivalent functions):

(a)

All significant deficiencies in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer'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 small business issuer's internal control over financial reporting.

Dated: October 5, 2007

/s/ Erik S. Nelson

Erik S. Nelson
STATE v. Timothy HELMS.

No. 183P07.

Supreme Court of North Carolina.

August 23, 2007.

Derrick C. Mertz, Assistant Attorney General, Roxann Vaneekhoven, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 17th day of April 2007 by Defendant to Appoint Counsel:

"Motion Denied by order of the Court in conference this the 23rd day of August 2007."