alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023252EN.01007101.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/71 |
| --- | --- | --- | --- |

17.7.2023

EN

Official Journal of the European Union

C 252/71

---

Action brought on 24 May 2023 — Unilab v EUIPO — Cofares (Healthily)

(Case T-288/23)

(2023/C 252/85)

Language in which the application was lodged: English

Parties

Applicant: Unilab LP (Rockville, Maryland, United States) (represented by: M. Kondrat, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Cofares, Sociedad Cooperativa Farmaceutica Española (Madrid, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark Healthily — Application for registration No 18 324 697

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 March 2023 in Case R 1959/2022-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision and refer the case back to the EUIPO for reconsideration; or |
| --- | --- |

—

annul the contested decision and refer the case back to the EUIPO for reconsideration; or

| — | alter the contested decision by stating that there are no relative grounds for refusal of registration of the trade mark at issue for all goods in classes 3, 5, 10 and the trademark shall be registered in its entirety; |
| --- | --- |

—

alter the contested decision by stating that there are no relative grounds for refusal of registration of the trade mark at issue for all goods in classes 3, 5, 10 and the trademark shall be registered in its entirety;

| — | award the costs in the applicant’s favour. |
| --- | --- |

—

award the costs in the applicant’s favour.

Pleas 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;

| — | Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty; |
| --- | --- |

—

Infringement of the principle of the protection of legitimate expectations and the principle of legal certainty;

| — | Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Articles 94(1) and 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# C_2023296EN.01002301.xml

| 21.8.2023 | EN | Official Journal of the European Union | C 296/23 |
| --- | --- | --- | --- |

21.8.2023

EN

Official Journal of the European Union

C 296/23

---

Request for a preliminary ruling from the Højesteret (Denmark) lodged on 13 June 2023 — EN v Udlændingenævnet

(Case C-375/23, Meislev (1))

(2023/C 296/24)

Language of the case: Danish

Referring court

Højesteret

Parties to the main proceedings

Appellant: EN

Respondent: Udlændingenævnet

Questions referred

| 1. | Do provisions of national law laying down conditions for obtaining a permanent residence permit in a Member State fall within the scope of the standstill clause in Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Agreement establishing an Association between the European Economic Community and Turkey signed on 12 September 1963 at Ankara by the Republic of Turkey, of the one part, and the Member States of the EEC and the Community, of the other part, which was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC (2) of 23 December 1963? |
| --- | --- |

1.

Do provisions of national law laying down conditions for obtaining a permanent residence permit in a Member State fall within the scope of the standstill clause in Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Agreement establishing an Association between the European Economic Community and Turkey signed on 12 September 1963 at Ankara by the Republic of Turkey, of the one part, and the Member States of the EEC and the Community, of the other part, which was concluded, approved and confirmed on behalf of the Community by Council Decision 64/732/EEC (2) of 23 December 1963?

| 2. | If they do, can making the temporal conditions for obtaining a permanent residence permit for a Member State more onerous (that is to say, making the minimum requirements laid down as regards the length of a foreign national’s prior residence and employment in the Member State more onerous) be regarded as appropriate for facilitating the successful integration of third-country nationals? |
| --- | --- |

2.

If they do, can making the temporal conditions for obtaining a permanent residence permit for a Member State more onerous (that is to say, making the minimum requirements laid down as regards the length of a foreign national’s prior residence and employment in the Member State more onerous) be regarded as appropriate for facilitating the successful integration of third-country nationals?

---

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  [This decision has not been published in English in the Official Journal.]

---
<PAGE>
                                                                    EXHIBIT 32.2

CERTIFICATION

            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                    (Subsections (a) and (b) of Section 1350,
                   Chapter 63 of Title 18, United States Code)

          Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Western Wireless Corporation, a Washington corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

          The Quarterly Report on Form 10-Q for the three months ended March 31,
          2004 (the "Form 10-Q") of the Company fully complies with the
          requirements of Section 13(a) or 15(d) of the Securities Exchange Act
          of 1934 and information contained in the Form 10-Q fairly presents, in
          all material respects, the financial condition and results of
          operations of the Company.

Dated:  May 7, 2004

                                                By: /s/ M. WAYNE WISEHART
                                                    ----------------------------
                                                    M. Wayne Wisehart
                                                    Executive Vice President and
                                                    Chief Financial Officer

     The foregoing certification is being furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350,
Chapter 63 of Title 18, United States Code).
STATE v. BISHOP.

No. COA08-46.

Court of Appeals of North Carolina.

Filed October 21, 2008.

Certification Date November 10, 2008.

Appeal from Sampson (06CRS51634, 06CRS51636, 06CRS51643).

Case reported without published opinion. Judgment arrested and remanded for sentencing.
TERRY'S FLOOR FASHIONS, INC. v. CROWN GENERAL CONTRACTORS, INC. and Jerry Shumate Alvis.

No. 362A07.

Supreme Court of North Carolina.

December 12, 2008.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 184 N.C.App. 1, 645 S.E.2d 810 (2007), affirming a judgment entered on 28 September 2005 by Judge Jane P. Gray in District Court, Wake County. Heard in the Supreme Court 13 October 2008.

Ragsdale Liggett, PLLC, by Walter L. Tippett, Jr. and Caroline V. Barbee, Raleigh, for plaintiff-appellee.

Young Moore and Henderson, P.A., by David M. Duke and Shannon S. Frankel, Raleigh, for defendant-appellant Jerry Shumate Alvis.

PER CURIAM.

AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

MARIE WASNETSKY, ADMINISTRATOR 

OF THE ESTATE OF JOSEPH CHARLES 

WASNETSKY,

Petitioner

v.

QUINN'S MARKET, QUINN'S MARKET OF 

ARCHBALD, INC., KRENITSKY'S OF 

BLAKELY, INC., KRENITSKY'S 

SUPERMARKET CORPORATION, 

WILLIAM KRENITSKY AND JOSEPH 

QUINN,

Respondents

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 405 MAL 2019

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 2nd day of January, 2020, the Petition for Allowance of Appeal is 

DENIED.
BYNUM v. WHITLEY.

No. COA07-451.

Court of Appeals of North Carolina.

Filed February 5, 2008.

Certification Date February 25, 2008.

Appeal from Wilson (05CVS1774).

Cases reported without published opinion. Affirmed in part; Reversed in part.
<PAGE>

CERTIFICATION                                                       EXHIBIT 32.2

            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
                    (Subsections (a) and (b) of Section 1350,
                   Chapter 63 of Title 18, United States Code)

    Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a)
and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of Western Wireless Corporation, a Washington corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

    The Quarterly Report on Form 10-Q for the quarter ended June 30, 2003 (the
    "Form 10-Q") of the Company fully complies with the requirements of Section
    13(a) or 15(d) of the Securities Exchange Act of 1934 and information
    contained in the Form 10-Q fairly presents, in all material respects, the
    financial condition and results of operations of the Company.

Dated:  August 8, 2003

                                        By: /s/ M. WAYNE WISEHART
                                            ------------------------------------
                                            M. Wayne Wisehart
                                            Executive Vice President and
                                            Chief Financial Officer

    The foregoing certification is being furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350,
Chapter 63 of Title 18, United States Code).
**Exhibit 32.1**

 

#### **CERTIFICATIONS OFPERIODIC REPORT**

 

I,John R. Serino, President and Chief Executive Officer of Encision Inc. (the “Company”),hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350, that:

 

·                  the Quarterly Report on Form 10-Q of theCompany for the three months ended December 31, 2009 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

·                  the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company for the period covered by the Report.

 
| Dated:  February 12,  2010 |                         |
|-------------------------------------------|------------------------------|
|                                      |                         |
|                                      | /s/  John R. Serino          |
|                                      |                         |
|                                      | John  R. Serino              |
|                                      | Principal  Executive Officer |

 

 

I,Marcia McHaffie, Controller and Principal Accounting Officer of Encision Inc.(the “Company”), hereby certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

 

·                  the Quarterly Report on Form 10-Q of theCompany for the three months ended December 31, 2009 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

·                  the information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company for the period covered by the Report.

 
| Dated:  February 12,  2010 |                                                                                                        |
|-------------------------------------------|-------------------------------------------------------------------------------------------------------------|
|                                      |                                                                                                        |
|                                      | /s/  Marcia McHaffie                                                                                        |
|                                      |                                                                                                        |
|                                      | Marcia  McHaffie                                                                                            |
|                                      | Controller, Principal Accounting Officer and Principal Financial Officer |

 

1

----
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Lauren P. Silvernail, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of ISTA Pharmaceuticals, Inc. on Form 10-Q for the quarterly period ended June 30, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the Securities and
Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q for the period ended June 30, 2004 fairly presents in all material respects the financial condition and results of operations of ISTA Pharmaceuticals, Inc.



|                    |  |                                                
|------------------- |  | -----------------------------------------------
|Date: July 20, 2004 |  | /s/ Lauren P. Silvernail                       
|                    |  | Lauren P. Silvernail                           
|                    |  | Chief Financial Officer, Chief Accounting      
|                    |  | Officer & Vice President, Corporate Development
Julius Caeser MOORE v. NATIONWIDE MUTUAL INSURANCE COMPANY and Nationwide Mutual Fire Insurance Company.

No. 330A08.

Supreme Court of North Carolina.

December 12, 2008.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C.App. ___, 664 S.E.2d 326 (2008), affirming an order dismissing plaintiff's complaint entered 22 August 2007 by Judge Phyllis M. Gorham in Superior Court, Duplin County. Heard in the Supreme Court 17 November 2008.

Crawford & Crawford, LLP, by Robert O. Crawford, III; and Hemmings & Stevens, P.L.L.C., by Aaron C. Hemmings, Raleigh, for plaintiff-appellant.

George L. Simpson III, Raleigh, for defendant-appellees.

Twiggs, Beskind, Strickland & Rabenau, P.A., by Jerome P. Trehy, Jr., Raleigh, for the North Carolina Academy of Trial Lawyers, amicus curiae.

Battle, Winslow, Scott & Wiley, P.A., by M. Greg Crumpler, Rocky Mount, for the North Carolina Association of Defense Attorneys, amicus curiae.

PER CURIAM.

AFFIRMED.
EXHIBIT 31.1**CERTIFICATION**I, Patrick G. Blanchard, certify that:1. I have reviewed this Annual Report on Form 10-K for the year ended December 31, 2006 ofGeorgia-Carolina Bancshares, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and we have:a) designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;b) [paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;andd) disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of registrant’s board of directors (or persons performing the equivalent function):a) all significant deficiencies in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; andb) any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: March 28, 2007       /s/ Patrick G. Blanchard         Patrick G. Blanchard    President and Chief Executive Officer
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                           AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The  undersigned  hereby  certifies,  pursuant  to, and as required  by, 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of  2002,  that  the  Quarterly  Report  of  Hauppauge  Digital,  Inc.  (the
"Company")  on Form 10-Q for the period ended June 30, 2004 fully  complies with
the  requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of
1934, as amended,  and that  information  contained in such Quarterly  Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Company.


Dated: August 16, 2004                          /s/ Kenneth Plotkin
                                                ------------------------------
                                                Kenneth Plotkin
                                                Chief Executive Officer

                                                /s/ Gerald Tucciarone
                                                ------------------------------
                                                Gerald Tucciarone
                                                Chief Financial Officer and
                                                Treasurer
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of ERPOperating Limited Partnership (“ERPOP”) on Form 10-Q for the period endingMarch 31, 2008 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, David J. Neithercut, Chief Executive Officer of EquityResidential, general partner of ERPOP, certify, pursuant to 18.U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of my knowledge:

 

(1)                                 TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)                                 Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of ERPOP.

 

 
| /s/                                  | David J. Neithercut |   |
|--------------------------------------|---------------------|--------|
| David J. Neithercut                  |                |
| Chief Executive Officer              |                |
| of Registrant’s General Partner |                |
| May 8, 2008                     |                |

 

----