alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023104EN.01003801.xml

| 20.3.2023 | EN | Official Journal of the European Union | C 104/38 |
| --- | --- | --- | --- |

20.3.2023

EN

Official Journal of the European Union

C 104/38

---

Action brought on 27 January 2023 — D&G Laboratories v EUIPO — Holpindus (aleva NATURALS)

(Case T-28/23)

(2023/C 104/57)

Language in which the application was lodged: English

Parties

Applicant: D&G Laboratories Inc. (North York, Ontario, Canada) (represented by: M.-G. Marinescu, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Holpindus, SL (Barcelona, 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 aleva NATURALS — Application for registration No 14 794 382

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 21 November 2022 in Case R 1078/2020-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to bear the costs of the proceedings. |
| --- | --- |

—

order EUIPO to bear the costs of the proceedings.

Pleas in law

| — | Infringement of Article 47(2) and (3) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 47(2) and (3) 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 Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# C_2023296EN.01004402.xml

| 21.8.2023 | EN | Official Journal of the European Union | C 296/44 |
| --- | --- | --- | --- |

21.8.2023

EN

Official Journal of the European Union

C 296/44

---

Action brought on 12 July 2023 — Ergotopia v EUIPO (Wellback)

(Case T-388/23)

(2023/C 296/50)

Language of the case: German

Parties

Applicant: Ergotopia GmbH (Darmstadt, Germany) (represented by: A. Biesterfeld-Kuhn)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for the EU word mark ‘Wellback’ — Application No 18 682 838

Contested decision: Decision of the First Board of Appeal of EUIPO of 12 May 2023 in Case R 36/2023-1

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO to pay the costs, including those incurred in the appeal proceedings. |
| --- | --- |

—

order EUIPO to pay the costs, including those incurred in the appeal proceedings.

Plea in law

| — | Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(b) in conjunction with Article 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
# Commission Implementing Regulation (EU) No 170/2014Show full title

Commission Implementing Regulation (EU) No 170/2014 of 20 February 2014 approving non-minor amendments to the specification            for a name entered in the register of protected designations of origin and protected geographical indications [Melon du Haut-Poitou            (PGI)]         

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U.K.

# Commission Implementing Regulation (EU) No 170/2014                     

# of 20 February 2014

# approving non-minor amendments to the specification for a name entered in the register of protected designations of origin                        and protected geographical indications [Melon du Haut-Poitou (PGI)]                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality                           schemes for agricultural products and foodstuffs(1), and in particular Article 52(2) thereof,                        

Whereas:

(1)Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France’s                              application for the approval of amendments to the specification for the protected geographical indication ‘Melon du Haut-Poitou’,                              registered under Commission Regulation (EC) No 2784/98(2).

(2)Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission                              published the amendment application in the *Official Journal of the European Union* (3), as required by Article 50(2)(a) of that Regulation.

(3)As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments                              to the specification should be approved,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The amendments to the specification published in the *Official Journal of the European Union* regarding the name contained in the Annex to this Regulation are hereby approved.                  

# Article 2U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 February 2014.

*For the Commission, On behalf of the President*,                           

Dacian Cioloș                            

*Member of the Commission*                            

## ANNEXU.K.

Agricultural products intended for human consumption listed in Annex I to the Treaty:

### **Class 1.6.****Fruit, vegetables and cereals, fresh or processed**U.K.

#### FRANCEU.K.

Melon du Haut-Poitou (PGI)

1

OJ L 343, 14.12.2012, p. 1.                           

2

OJ L 347, 23.12.1998, p. 19.                           

3

OJ C 275, 24.9.2013, p. 15.
# The Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014 (revoked)

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U.K.

Statutory Instruments

# 2014 No. 589

Plant Health, England

Plant Health, Scotland

# The Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014 (revoked)F1

Made

10th March 2014

Laid before Parliament

14th March 2014

Coming into force

7th April 2014

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

F1Regulations revoked (6.4.2015) by The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (S.I. 2015/350), **regs. 1(b), 4(e)**

## F1EXPLANATORY NOTE                  

(This note is not part of the Regulations)

These Regulations amend the Plant Health (Fees) (Forestry) Regulations 2006 (S.I. 2006/2697) (“the principal Regulations”) in relation to England and Scotland.                  

The principal Regulations implement Article 13d(2) of Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against                     their spread within the Community (OJ No. L 169, 10.7.2000, p.1) (“the Directive”). Article 13d requires member States to collect fees for checks carried out on consignments                     of wood, wood product and isolated bark. Article 13d(2) provides for the collection of proportionately reduced fees where                     checks are being carried out at a reduced frequency in accordance with Article 13a(2) of the Directive.                  

These Regulations amend the principal Regulations as follows.

They substitute a new Schedule 3 to increase the fees for plant health checks from £26 to £31.20 per consignment (and from                     £0.20 to £0.25 for each additional m3 in excess of 100m3 in relation to a consignment of wood other than wood in the form of shavings, chips or sawdust) (regulation 3).                  

They substitute a new Schedule 3A to omit the United States of America as one of the specified countries of origin and increase                     the reduced fees for consignments of *Acer saccharum* from Canada from £6.13 to £23.40 per consignment (and from £0.10 to £0.20 for each additional m3 in excess of 100m3) (regulation 4).                  

They substitute a new Schedule 4 to increase the fees for documentary checks from £6 to £7.20 per consignment and for identity                     checks from £6 to £7.20 and, for bulk loads of 100m3 or more, from £12 to £14.40, per consignment (regulation 5).                  

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has                     been prepared and placed in the Library of each House of Parliament. Copies can be obtained from the Forestry Commission,                     231 Corstorphine Road, Edinburgh, EH12 7AT. It is also annexed to the Explanatory Memorandum for these Regulations which is                     available alongside these Regulations on www.legislation.gov.uk.
MILLS v. WACHOVIA BANK NA.

No. COA07-365.

Court of Appeals of North Carolina.

Filed July 15, 2008.

Certification Date August 4, 2008.

Appeal from Union (06CVS1624).

Case reported without published opinion. Affirmed.
##### 



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 Covad Communications Group, Inc. (the Company) on Form
10-K for the period ending December 31, 2004 as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Charles E. Hoffman, 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 the best of 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 (7)   The information contained in the Report fairly represents, in all material respects, the
financial condition and result of operations of the Company. COVAD COMMUNICATIONS GROUP, INC.By:
    /s/ CHARLES E. HOFFMANCharles E. HoffmanDate: March 14, 2005
    
    President, Chief Executive Officer and Director
# C_2023112EN.01004802.xml

| 27.3.2023 | EN | Official Journal of the European Union | C 112/48 |
| --- | --- | --- | --- |

27.3.2023

EN

Official Journal of the European Union

C 112/48

---

Action brought on 13 February 2023 — Aesculap v EUIPO — Aeneas (AESKUCARE Allergy)

(Case T-66/23)

(2023/C 112/63)

Language in which the application was lodged: German

Parties

Applicant: Aesculap AG (Tuttlingen, Germany) (represented by: N. Hebeis, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Aeneas GmbH & Co. KG (Wendelsheim, Germany)

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for the EU figurative mark AESKUCARE Allergy — Application No 17 917 493

Proceedings before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 23 November 2022 in Case R 20/2022-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in so far it annulled the decision of the Opposition Division of EUIPO of 30 November 2021 and rejected the opposition in respect of the claimed goods and services in Classes 5, 42 and 44; |
| --- | --- |

—

annul the contested decision in so far it annulled the decision of the Opposition Division of EUIPO of 30 November 2021 and rejected the opposition in respect of the claimed goods and services in Classes 5, 42 and 44;

| — | order EUIPO to pay the costs of the proceedings before the General Court and order the intervener to pay the costs of the proceedings before EUIPO. |
| --- | --- |

—

order EUIPO to pay the costs of the proceedings before the General Court and order the intervener to pay the costs of the proceedings before EUIPO.

Plea in law

| — | Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
STATE of North Carolina v. Stevie Douglas IVEY.

No. 182P06-2.

Supreme Court of North Carolina.

March 6, 2008.

William B. Crumpler, Assistant Attorney General, Robert F. Johnson, District Attorney, for State of NC.

Constance Widenhouse, Assistant Appellate Defender, for Ivey.

*ORDER*

Upon consideration of the petition filed by State of NC on the 16th day of July 2007 in this matter for a writ of certiorari to review the order of the Superior Court, Alamance County, the following order was entered and is hereby certified to the Superior Court of that County:

"Denied by order of the Court in conference, this the 6th day of March 2008."

*492Upon consideration of the petition filed by State of NC on the 16th day of July 2007 in this matter for a writ of certiorari to review the order of the North Carolina 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 6th day of March 2008."
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 502 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 502

   To repeal the sunset on the reduction of capital gains rates for 
individuals and on the taxation of dividends of individuals at capital 
                              gain rates.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2007

 Mr. Crapo (for himself, Mr. McConnell, Mr. Lott, Mr. Kyl, Mr. Smith, 
Mr. Bunning, Mr. Ensign, Mr. Craig, Mr. Vitter, Mr. DeMint, Mr. Sununu, 
 Mr. Burr, Mr. Enzi, Mr. Roberts, Mr. Bond, Mr. Allard, and Mr. Hagel) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To repeal the sunset on the reduction of capital gains rates for 
individuals and on the taxation of dividends of individuals at capital 
                              gain rates.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REDUCTIONS IN INDIVIDUAL CAPITAL GAINS AND DIVIDENDS TAX 
              RATE MADE PERMANENT.

    Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 
2003 (relating to sunset of title) is repealed.
                                 <all>
```
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3625 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3625

 To designate the facility of the United States Postal Service located 
at 245 North Main Street in New City, New York, as the ``Kenneth Peter 
                   Zebrowski Post Office Building''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 17), 2008

  Mrs. Clinton (for herself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 245 North Main Street in New City, New York, as the ``Kenneth Peter 
                   Zebrowski Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. KENNETH PETER ZEBROWSKI POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 245 North Main Street in New City, New York, shall be known 
and designated as the ``Kenneth Peter Zebrowski Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Kenneth 
Peter Zebrowski Post Office Building''.
                                 <all>
```
POTTLE, et al. v. LINK, et al.

No. 27PA08.

Supreme Court of North Carolina.

October 9, 2008.

Ryal W. Tayloe, Wilmington, Cheryl A. Marteney, New Bern, for Pottle, et al.

G. Grady Richardson, Jr., Wilmington, Elizabeth Brooks Scherer, Raleigh, for Link and Willetts.

David S. Pokela, Greensboro, for Duke Energy Carolinas.

Matthew D. Rhoad, Andrea B. Short, Raleigh, for CP&L, et al.

The following order has been entered on the motion filed on the 7th day of October 2008 by Defendant for Extension of Time to File Brief on Merits:

> "Motion Dismissed as moot. By order of the Court in conference this the 9th day of October 2008."

MARTIN, J., recused.
# Political and Security Committee Decision EUCAP NESTOR/1/2014Show full title

Political and Security Committee Decision EUCAP NESTOR/1/2014 of 24 July 2014 extending the mandate of the Head of Mission            of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (2014/642/CFSP)         

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U.K.

# Political and Security Committee Decision EUCAP NESTOR/1/2014                     

# of 24 July 2014

# extending the mandate of the Head of Mission of the European Union Mission on Regional Maritime Capacity Building in the Horn                        of Africa (EUCAP NESTOR)                     

# (2014/642/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity                           Building in the Horn of Africa (EUCAP NESTOR)(1), and in particular Article 9(1) thereof,                        

Whereas:

(1)Pursuant to Article 9(1) of Decision 2012/389/CFSP, the Political and Security Committee (PSC) is authorised, in accordance                              with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political                              control and strategic direction of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa                              (EUCAP NESTOR), including the decision to appoint a Head of Mission upon a proposal from the High Representative of the Union                              for Foreign Affairs and Security Policy (HR).

(2)On 23 July 2013, the PSC adopted Decision EUCAP NESTOR/3/2013(2), appointing Mr Etienne DE MONTAIGNE DE PONCINS as Head of Mission of EUCAP NESTOR from 16 July 2013 to 15 July 2014.

(3)On 3 June 2014, the HR proposed the extension of the mandate of Mr Etienne DE MONTAIGNE DE PONCINS as Head of Mission of EUCAP                              NESTOR until 15 July 2015,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The mandate of Mr Etienne DE MONTAIGNE DE PONCINS as Head of Mission of the European Union Mission on Regional Maritime Capacity                     Building in the Horn of Africa (EUCAP NESTOR) is hereby extended until 15 July 2015.                  

# Article 2U.K.

This Decision shall enter into force on the date of its adoption.

It shall apply from 16 July 2014.

Done at Brussels, 24 July 2014.

*For the Political and Security Committee*                            

*The Chairperson*                            

W. Stevens                            

1

OJ L 187, 17.7.2012, p. 40.                           

2

Political and Security Committee Decision EUCAP NESTOR/3/2013 of 23 July 2013 on the appointment of the Head of the European                              Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (OJ L 202, 27.7.2013, p. 23).
SISK v. AMINI.

No. COA07-1013.

Court of Appeals of North Carolina.

Filed March 4, 2008.

Certification Date March 24, 2008.

Appeal from Union (06CVS2454).

Case reported without published opinion. Affirmed.
# Commission Regulation (EU) No 1246/2014Show full title

Commission Regulation (EU) No 1246/2014 of 19 November 2014 establishing a prohibition of fishing for black scabbardfish in            EU and international waters of V, VI, VII and XII by vessels flying the flag of Spain         

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U.K.

# Commission Regulation (EU) No 1246/2014                     

# of 19 November 2014

# establishing a prohibition of fishing for black scabbardfish in EU and international waters of V, VI, VII and XII by vessels                        flying the flag of Spain                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring                           compliance with the rules of the common fisheries policy(1), and in particular Article 36(2) thereof,                        

Whereas:

(1)Council Regulation (EU) No 1262/2012(2), lays down quotas for 2014.

(2)According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation                              by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for                              2014.

(3)It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

## Article 1U.K.Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein                     for 2014 shall be deemed to be exhausted from the date set out in that Annex.                  

## Article 2U.K.Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in                     the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited                     to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.                  

## Article 3U.K.Entry into force

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 November 2014.

*For the Commission,*                            

*On behalf of the President,*                            

Lowri Evans                            

*Director-General for Maritime Affairs and Fisheries*                            

## ANNEXU.K.

1

OJ L 343, 22.12.2009, p. 1.                           

2

Council Regulation (EU) No 1262/2012 of 20 December 2012 fixing for 2013 and 2014 the fishing opportunities for EU vessels                              for certain deep-sea fish stocks (OJ L 356, 22.12.2012, p. 22).