alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# CE2004088EN.01002901.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/29 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/29

---

(2004/C 88 E/0031)

WRITTEN QUESTION E-1414/03

by Graham Watson (ELDR) to the Commission

(23 April 2003)

Subject:   Burma refugee acceptance into Thailand

Subject:

What action is the European Commission taking to urge the Thai authorities to continue to accept refugees from Burma and not refuse them entry into Thailand or forcibly repatriate them?

Answer given by Mr Patten on behalf of the Commission

(22 May 2003)

(22 May 2003)

The Thai authorities have, for a number of years now, been providing shelter to about 130 000 displaced people from Burma/Myanmar, mainly of ethnic minority origin, in camps near the Thai-Burmese border.

The Community provides significant financial support for the maintenance of these refugee camps, through European non-governmental organisations (NGOs). Its assistance predominantly takes the form of provision of food and basic goods, as well as medical assistance and training. In recent years, the Community has allocated approximately EUR 7 to 7,5 million per year to these activities.

As the single most important donor in the international community, the Commission holds an open dialogue with the Thai authorities on all questions relating to the latter's acceptance and treatment of refugees.

In general terms, the Commission expects Thailand to honour its commitment to international humanitarian standards in dealing with refugees from Burma/Myanmar. This implies the admission of Burmese refugees into Thai territory, full co-operation with the United Nations High Commission for Refugees (UNHCR), and repatriation of refugees only on a voluntary basis and conditional on the improvement of the situation in Burma/Myanmar.

The Commission has in the past and again recently expressed to the Thai administration its concerns about reports concerning the refusal of registration of new Burmese refugees, as well as forced repatriation.

The Commission's Delegation in Thailand will continue to monitor the situation in co-ordination with the representatives of the Member States and will recommend possible further actions as appropriate.

---
STATE of North Carolina v. Stephen Michael SPARGO.

No. 588P07.

Supreme Court of North Carolina.

June 11, 2008.

Kristen Todd, Benjamin Dowling-Sender, Assistant Appellate Defenders, for Spargo.

Christopher Brooks, Assistant Attorney General, Locke Bell, District Attorney, for State of NC.

Prior report: ___ N.C.App. ___, 652 S.E.2d 50.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 11th day of December 2007 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the State of NC, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

"Allowed by order of the Court in conference, this the 11th day of June 2008."

Upon consideration of the petition filed on the 11th day of December 2007 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th day of June 2008."
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<PAGE>   1

                                                                      EXHIBIT 3
                          CERTIFICATE OF AMENDMENT TO
                          CERTIFICATE OF INCORPORATION
                                       OF
                       SCHULLER INTERNATIONAL GROUP, INC.

                   PURSUANT TO SECTION 103 AND SECTION 242 OF
                         THE GENERAL CORPORATION LAW OF
                             THE STATE OF DELAWARE

         The undersigned, Charles L. Henry and Richard B. Von Wald, certify
that they are the President and Secretary, respectively, of Schuller
International Group, Inc., a corporation organized and existing under the laws
of the State of Delaware (the "Company"), and do hereby further certify as
follows:

                  1. The name of the Company is Schuller International Group,
         Inc.

                  2. This Certificate of Amendment was unanimously approved by
         the Board of Directors of the Company and thereafter duly adopted by
         the stockholders thereof, in accordance with the provisions of Section
         242 of the General Corporation Law of the State of Delaware.

                  3.       Article I of the Certificate of Incorporation of 
         the Company is hereby amended to read in its entirety as follows:

                                   ARTICLE I
                                      NAME

                  The name of the corporation is Johns Manville International 
         Group, Inc. (the "Corporation").

         IN WITNESS WHEREOF, Schuller International Group, Inc. has caused this
Certificate of Amendment to be signed by Charles L. Henry, its President, and
attested by Richard B. Von Wald, its Secretary, this 29th day of April, 1997.

                                  SCHULLER INTERNATIONAL GROUP, INC.

                                        /s/ Charles L. Henry
                                  ----------------------------------
                                            Charles L. Henry

Attest:

/s/ Richard B. Von Wald
----------------------------
    Richard B. Von Wald


                                        Filed with the Secretary 
                                        of State of Delaware
                                        on May 2, 1997.
Exhibit 32.2

VERTICALNET, INC.

CERTIFICATION BY THE CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

I,
Gene S. Godick, Executive Vice President and Chief Financial Officer of Verticalnet, Inc., a Pennsylvania corporation (the Company), hereby certify to my knowledge that:

(1) The Companys annual report on Form 10-K for the year ended December 31, 2005 (the Form 10-K) fully
complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and

(2) The
information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/    GENE S.
GODICKGene S. Godick Executive Vice President and Chief Financial Officer  Date: March 31, 2006
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 Annual Report of On2 Technologies, Inc. (the
"Company") on Form 10-KSB for the period ended December 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Douglas A. McIntyre, Chairman, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section. 1350, as adopted pursuant
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 aspects, the financial condition and results of operations
            of the Company.


/s/ DOUGLAS A. MCINTYRE
-----------------------------------
Douglas A. McIntyre
Chairman, President and
Chief Executive Officer
On2 Technologies, Inc.

March 29, 2004
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.                  

###### Federal Housing Finance Board

# Time and Date:

The open meeting of the Board of Directors is scheduled to begin at 10 a.m. on Wednesday, September 14, 2005. The closed portion of the meeting will follow immediately the open portion of the meeting. 

# Place:

Board Room, First Floor, Federal Housing Finance Board, 1625 Eye Street NW., Washington DC 20006. 

# Status:

The first portion of the meeting will be open to the public. The final portion of the meeting will be closed to the public. 

# Matters to be Considered at the Open Portion:

*Fiscal Year 2006 Budget.*                         The Board of Directors will consider a resolution adopting the Finance Board's fiscal year 2006 budget.                     

*Annual Performance Budget for Fiscal Year 2006.*                         The Government Performance and Results Act of 1993 and Office of Management and Budget Circular A-11 require agencies to produce an Annual Performance Budget that links performance goals with costs for achieving a target level of performance. The Board of Directors will consider a resolution adopting a Fiscal Year 2006 Annual Performance Budget for the Finance Board.                     

# Matter to be Considered at the Closed Portion:

*Periodic Update of Examination Program Development and Supervisory Findings.*

# Contact Person for More Information:

                        Shelia Willis, Paralegal Specialist, Office of General Counsel, at 202-408-2876 or                         *williss@fhfb.gov.*

By the Federal Housing Finance Board.

Dated: September 8, 2005. 

Neil R. Crowley, 

Deputy General Counsel. 

[FR Doc. 05-18086 Filed 9-8-05; 12:26 pm] 

BILLING CODE 6725-01-P
# C_2023261EN.01004301.xml

| 24.7.2023 | EN | Official Journal of the European Union | C 261/43 |
| --- | --- | --- | --- |

24.7.2023

EN

Official Journal of the European Union

C 261/43

---

Action brought on 8 June 2023 — Adeva v EUIPO — Sideme (MAISON CAVIST.)

(Case T-313/23)

(2023/C 261/58)

Language in which the application was lodged: French

Parties

Applicant: Adeva (Mitry-Mory, France) (represented by: S. Drillon, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Société Industrielle d’Equipement Moderne SA (Sideme) (Levallois-Perret, France)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU word mark MAISON CAVIST. — EU trade mark No 18 293 519

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 31 March 2023 in Case R 1623/2022-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in so far as it dismissed the appeal brought by Adeva; |
| --- | --- |

—

annul the contested decision in so far as it dismissed the appeal brought by Adeva;

| — | dismiss in its entirety the application for a declaration of invalidity of the EU trade mark MAISON CAVIST. No 18 293 519 submitted by Sideme. |
| --- | --- |

—

dismiss in its entirety the application for a declaration of invalidity of the EU trade mark MAISON CAVIST. No 18 293 519 submitted by Sideme.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
#### In the Matter of Audley Dacosta, Appellant, v Brion Travis, as Chair of the New York State Board of Parole, Respondent.

[800 NYS2d 863]

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered September 16, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release was granted. Accordingly, the instant appeal is now moot and must be dismissed *(see Matter of Lenihan v Travis,*17 AD3d 740 [2005]).

Cardona, P.J., Mercure, Crew III, Peters and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
# CE2004070EN.01003501.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/35 |
| --- | --- | --- | --- |

20.3.2004

EN

Official Journal of the European Union

CE 70/35

---

(2004/C 70 E/039)

WRITTEN QUESTION E-1246/03

by Kathleen Van Brempt (PSE) to the Commission

(2 April 2003)

Subject:   Safety of crash barriers

Subject:

A report by FEMA, the Federation of European Motorcyclists' Associations, indicates that somewhere between 10 and 15 percent of fatal accidents involving motorcyclists are attributable to crash barriers. Associations representing motorcyclists say that safe crash barriers could significantly reduce the number of deaths. Although many safe crash barrier systems have now been developed, there are still no new European regulations on safety requirements for crash barriers.

Can the Commission say whether it is thinking of introducing European safety requirements for crash barriers?

What are its plans?

What is the timetable?

Answer given by Mrs de Palacio on behalf of the Commission

(21 May 2003)

(21 May 2003)

The Honourable Member is asked to refer to the answer given by the Commission to written question E-3226/02 by Mrs Villiers (1).

1

---

(1)  See page 10.

1

---
DURHAM HOUSING AUTHORITY v. A. Larry PARTEE.

No. 183P08.

Supreme Court of North Carolina.

June 11, 2008.

Daniel F. Read, Durham, for Partee.

*904Adam Shestak, John Roseboro, for Housing Authority.

Prior report: ___ N.C.App. ___, 658 S.E.2d 69.

*ORDER*

Upon consideration of the petition filed on the 22nd day of April 2008 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th day of June 2008."

Upon consideration of the petition filed by Defendant on the 24th day of April 2008 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 11th day of June 2008."
#### Olga Zuk, Respondent, v The Great Atlantic & Pacific Tea Company, Inc., Doing Business as Food Emporium, Appellant.

[799 NYS2d 504]

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered June 21, 2004, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

This is a personal injury action in which plaintiff claims that she was injured when, while walking on a sidewalk at a strip mall, she was struck by an empty shopping cart owned by defendant. Plaintiff testified at an examination before trial that she did not see the cart prior to being struck by it, she was looking at nothing in particular prior to the incident, and she did not see anyone touching the cart before it struck her.

Defendant’s store manager testified that defendant’s shopping carts were kept in an enclosed, padlocked corral and that the store had not received any complaints regarding shopping carts being taken from that corral. Defendant later admitted that carts, on occasion, were stolen or otherwise taken from the secure area, and that when the latter occurred, store personnel retrieved them.

At the close of discovery, defendant moved for summary judgment, which was denied by the motion court due to the existence of triable issues of fact. We disagree and reverse.

It is a well-established principle that a landowner is under a duty to maintain its property in a reasonably safe condition under the existing circumstances, including the likelihood of injury to third parties, the potential that any such injury would be of a serious nature and the burden of avoiding the risk *(Basso v Miller,*40 NY2d 233, 241 [1976]; *Pappalardo v New York Health & Racquet Club,*279 AD2d 134, 141-142 [2000]). In order to recover damages for a breach of this duty, a party must establish that the landlord created, or had actual or constructive notice of the hazardous condition which precipitated the injury *(Piacquadio v Recine Realty Corp.,*84 NY2d 967, 969 [1994]; *Mejia v New York City Tr. Auth.,*291 AD2d 225, 226 [2002]). Moreover, in order to constitute constructive notice, “a defect must be visible and apparent and it must exist for a suf*276ficient length of time prior to the accident to permit [the owner’s] employees to discover and remedy it” *(Gordon v American Museum of Natural History,*67 NY2d 836, 837 [1986]; *O’Connor-Miele v Barhite & Holzinger, Inc.,*234 AD2d 106 [1996]).

In this matter, plaintiff has submitted absolutely no evidence that defendant created the hazardous condition or had actual notice of it. Further, other than plaintiff’s speculation to the contrary, there is no evidence how long the cart was out of the corral, or that defendant’s employees had time to retrieve it. Concur—Tom, J.P., Marlow, Sullivan, Nardelli and Williams, JJ.
# CE2004088EN.01059001.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/590 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/590

---

(2004/C 88 E/0602)

WRITTEN QUESTION E-0170/03

by Bob van den Bos (ELDR) to the Commission

(29 January 2003)

Subject:   Bangladesh

Subject:

On 21 November 2002 the European Parliament adopted an urgent resolution on Bangladesh following reports of alleged violations of human rights committed under the Bangladesh military's ‘Operation Clean Heart’ and an apparently deteriorating human rights situation in that country.

In the European Parliament resolution, we call on the Commission to ‘engage with the Government of Bangladesh under the EU-Bangladesh Cooperation Agreement to ensure that violations stop (and) human rights are protected’. Can the Commission inform us what action it has taken so far in that respect?

What (other) initiatives is it planning to take in order to encourage the Government of Bangladesh to protect human rights in its country?

---