alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023173EN.01002301.xml

| 15.5.2023 | EN | Official Journal of the European Union | C 173/23 |
| --- | --- | --- | --- |

15.5.2023

EN

Official Journal of the European Union

C 173/23

---

Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 1 March 2023 — Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Sofia pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite v Legafact EOOD

(Case C-122/23, Legafact)

(2023/C 173/31)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellant on a point of law: Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ Sofia pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

Respondent on a point of law: Legafact EOOD

Questions referred

| 1. | Is a national provision which treats taxable persons differently in respect of the tax exemption provided for under Title XII, Chapter 1, of Council Directive 2006/112 (1) on the common system of value added tax depending on the rapidity with which they reach the turnover threshold for compulsory VAT registration in breach of the principles of the common system of value added tax in the European Union? |
| --- | --- |

1.

Is a national provision which treats taxable persons differently in respect of the tax exemption provided for under Title XII, Chapter 1, of Council Directive 2006/112 (1) on the common system of value added tax depending on the rapidity with which they reach the turnover threshold for compulsory VAT registration in breach of the principles of the common system of value added tax in the European Union?

| 2. | Does Council Directive 2006/112 preclude a national provision under which the tax exemption of a supply under Title XII, Chapter 1, of Council Directive 2006/112 depends on the supplier fulfilling the obligation to apply for compulsory VAT registration in due time? |
| --- | --- |

2.

Does Council Directive 2006/112 preclude a national provision under which the tax exemption of a supply under Title XII, Chapter 1, of Council Directive 2006/112 depends on the supplier fulfilling the obligation to apply for compulsory VAT registration in due time?

| 3. | What criteria arising from the interpretation of the VAT Directive must be used to assess whether the aforementioned national provision, which provides for the incurrence of a tax debt in the event of late submission of the application for compulsory VAT registration, is a penalty provision? |
| --- | --- |

3.

What criteria arising from the interpretation of the VAT Directive must be used to assess whether the aforementioned national provision, which provides for the incurrence of a tax debt in the event of late submission of the application for compulsory VAT registration, is a penalty provision?

---

(1)  OJ 2006 L 347, p. 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 first amended annual report of Colombia Energy Resources, Inc. (the “Company”) on Form 10-K/A for the year ended December 31, 2010, as filed with the Securities and Exchange Commission (the “Report”), the undersigned principal financial officer of the Company, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to 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 respects, the financial condition and results of operations of the Company.





Date:  December 12, 2011





/s/ James A. FloresJames A. Flores, Chief Financial Officer(Principal Financial Officer)
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0000930090
<NAME>                        INTELLIGENT MEDICAL IMAGING, INC.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars
       
<S>                                           <C>
<PERIOD-TYPE>                                  6-mos
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-START>                                 Jan-01-1998
<PERIOD-END>                                   Jun-30-1998
<EXCHANGE-RATE>                                1.000
<CASH>                                         3,067,446
<SECURITIES>                                   31,662
<RECEIVABLES>                                  268,360
<ALLOWANCES>                                   (40,346)
<INVENTORY>                                    5,189,302
<CURRENT-ASSETS>                               9,327,562
<PP&E>                                         5,303,968
<DEPRECIATION>                                 (2,168,961)
<TOTAL-ASSETS>                                 13,516,851
<CURRENT-LIABILITIES>                          1,898,330
<BONDS>                                        1,869,350
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       115,834
<OTHER-SE>                                     9,303,682
<TOTAL-LIABILITY-AND-EQUITY>                   13,516,851
<SALES>                                        1,479,595
<TOTAL-REVENUES>                               1,479,595
<CGS>                                          1,104,232
<TOTAL-COSTS>                                  1,104,232
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (7,252,852)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (7,252,852)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (7,252,852)
<EPS-PRIMARY>                                  (0.64)
<EPS-DILUTED>                                  (0.64)
        


</TABLE>
# C_2023127EN.01005302.xml

| 11.4.2023 | EN | Official Journal of the European Union | C 127/53 |
| --- | --- | --- | --- |

11.4.2023

EN

Official Journal of the European Union

C 127/53

---

Action brought on 20 February 2023 — DGC Switzerland v EUIPO (cyberscan)

(Case T-85/23)

(2023/C 127/65)

Language of the case: German

Parties

Applicant: DGC Switzerland AG (Zurich, Switzerland) (represented by: N. Medler, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for the EU word mark ‘cyberscan’ — Application No 18 607 123

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 19 December 2022 in Case R 1587/2022-5

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | remit the case back to the examiner. |
| --- | --- |

—

remit the case back to the examiner.

Pleas in law

| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

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

—

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

---
In the Matter of JEJ, BMJ, TLJ. Appealed by Respondent Mother.

No. 83P08.

Supreme Court of North Carolina.

April 10, 2008.

Peter Wood, for Mother.

Andrew J. Fitzgerald, Winston-Salem, for Guardian ad Litem.

Roger A. Askew, Scott W. Warren, Raleigh, for Wake County Human Services.

*ORDER*

Upon consideration of the petition filed on the 28th day of February 2008 by Respondent (Mother) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 731, 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 10th day of April 2008."
<PAGE>

                                                                    EXHIBIT 32.1

                           PROVINCE HEALTHCARE COMPANY

                           CERTIFICATIONS PURSUANT TO

       RULE 13a-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED,
               AND 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Report of Province Healthcare Company (the
"Company") on Form 10-K for the year ended December 31, 2004, as filed with the
Securities and Exchange Commission (the "SEC") on the date hereof (the
"Report"), Martin S. Rash, Chief Executive Officer of the Company, and
Christopher T. Hannon, Chief Financial Officer of the Company certify, 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) that:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities Exchange Act of 1934 (the "Exchange Act");
            and

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

Date: March 22, 2005,

                                                       /s/ Martin S. Rash
                                                       -------------------------
                                                       Martin S. Rash
                                                       Chief Executive Officer

                                                       /s/ Christopher T. Hannon
                                                       -------------------------
                                                       Christopher T. Hannon
                                                       Chief Financial Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         199,800
<SECURITIES>                                         0
<RECEIVABLES>                                  197,700
<ALLOWANCES>                                   (4,100)
<INVENTORY>                                    128,200
<CURRENT-ASSETS>                               779,800
<PP&E>                                       1,525,600
<DEPRECIATION>                               (908,300)
<TOTAL-ASSETS>                               2,492,600
<CURRENT-LIABILITIES>                          741,400
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           800
<OTHER-SE>                                     155,800
<TOTAL-LIABILITY-AND-EQUITY>                 2,492,600
<SALES>                                      1,471,900
<TOTAL-REVENUES>                             1,528,600
<CGS>                                          856,200
<TOTAL-COSTS>                                1,325,200
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              16,100
<INCOME-PRETAX>                                203,400
<INCOME-TAX>                                    73,200
<INCOME-CONTINUING>                            130,200
<DISCONTINUED>                                   5,700
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   135,900
<EPS-BASIC>                                       1.84
<EPS-DILUTED>                                     1.76




</TABLE>
STATE v. Demario Lamont SNEAD.

No. 90PA15-1.

Supreme Court of North Carolina.

Aug. 20, 2015.

C. Scott Holmes, Wilmington, for Snead, Demario Lamont.

Joseph L. Hyde, Assistant Attorney General, for State of North Carolina.

Staples S. Hughes, Durham, for Snead, Demario Lamont.

Ms. Roxann L. Vaneekhoven, District Attorney, for State of North Carolina.

**Opinion**

The following order has been entered on the motion filed on the 26th of March 2015 by Defendant-Appellee to Deem Response to Petition for Discretionary Review Timely Filed:

> "Motion Allowed by order of the Court in conference, this the 20th of August 2015."
STATE v. SWINTON.

No. COA08-22.

Court of Appeals of North Carolina.

Filed July 1, 2008.

Certification Date July 21, 2008.

Appeal from Buncombe (06CRS63459, 06CRS63460).

Case reported without published opinion. No error.
#### The People of the State of New York, Respondent, v Carlos Ramos, Appellant.

[801 NYS2d 155]

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Reichbach, J.), imposed June 5, 2003, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant’s pro se motion to withdraw his guilty plea. Although the record indicates that the defendant had undergone psychiatric treatment, “[t]here was not the slightest indication that [the] defendant was uninformed, confused or incompetent” when he entered the plea, which included a waiver of his right to appeal his sentence *(People v Alexander,*97 NY2d 482, 486 [2002]; *see People v James,*192 AD2d 555 [1993]; *People v Sanchez,*186 AD2d 599 [1992]; *People v Riginio,*168 AD2d 693 [1990]). Accordingly, the sentence is affirmed. Prudenti, P.J., Cozier, Goldstein and Spolzino, JJ., concur.
In the Matter of the ESTATE of Robert Lee DUNN, Deceased. appealed by Shannon M. Dunn.

No. 10P08.

Supreme Court of North Carolina.

August 26, 2008.

Sandra Herring, Graham, for Shannon Dunn.

David Krall, for Timothy Dunn.

*ORDER*

Upon consideration of the petition filed on the 8th day of January 2008 by Propounder (Sandra Herring) 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 26th day of August 2008."
# Fourth Court of Appeals

**San Antonio, Texas** 

September 5, 2019

No. 04

- 19

- 00552

- CR

Kenneth GARNER

, Appellant

v.

The STATE of Texas, Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR0974 Honorable Kevin M. O'Connell, Judge Presiding



### ORDER

Appellant has filed a motion requesting permission to file an out of time appeal relating

to Cause No. 2014

- CR

- 0974. According to the exhibits included with appellant’s motion, sentence was imposed in Cause No. 2014

- CR

- 0974 on May 26, 2015. A hearing on appellant’s

motion for new tr ial was held on July 16, 2015. A notice of appeal was due to be filed by August 24, 2015.

Appellant’s motion for leave to file an out of time appeal is DENIED. See Slaton v.

State , 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (an appellate court may not s uspend the rules to alter the time for perfecting an appeal); see also Ater v. Eighth Court of Appeals , 802 S.W.2d 241 (Tex. Crim. App. 1991) (explaining that writ of habeas corpus pursuant to article 11.07 of the Texas Code of Criminal Procedure governs o ut

- of

- time appeals from felony convictions).

_________________________________ Irene Rios , JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

cou rt on this 5th day of September, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains information extracted from the condensed balance sheets
and the condensed statement of operations as of and for the nine months ended
September 30, 2000 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          13,118
<SECURITIES>                                    18,271
<RECEIVABLES>                                      105
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                32,108
<PP&E>                                             890
<DEPRECIATION>                                     895
<TOTAL-ASSETS>                                  33,285
<CURRENT-LIABILITIES>                            3,907
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            15
<OTHER-SE>                                      29,348
<TOTAL-LIABILITY-AND-EQUITY>                    33,285
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                16,456
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (48)
<INCOME-PRETAX>                               (16,249)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (19,245)
<CHANGES>                                            0
<NET-INCOME>                                  (35,494)
<EPS-BASIC>                                   (8.98)
<EPS-DILUTED>                                   (8.98)


</TABLE>
# C_2023112EN.01004901.xml

| 27.3.2023 | EN | Official Journal of the European Union | C 112/49 |
| --- | --- | --- | --- |

27.3.2023

EN

Official Journal of the European Union

C 112/49

---

Action brought on 10 February 2023 — DEC Technologies v EUIPO — Tehnoexport (Representation of a square with curves)

(Case T-68/23)

(2023/C 112/64)

Language in which the application was lodged: English

Parties

Applicant: DEC Technologies BV (Enschede, Netherlands) (represented by: R. Brtka, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Tehnoexport d.o.o. (Indjija, Serbia)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union figurative mark (Representation of a square with curves) — European Union trade mark No 18 124 427

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 30 November 2022 in Case R 2012/2021-5

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. |
| --- | --- |

—

order EUIPO to pay the costs.

Plea in law

| — | Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
IN RE FORECLOSURE OF A DEED OF TRUST EXECUTED BY THOMAS

No. COA08-287.

Court of Appeals of North Carolina.

Filed January 6, 2009.

Certification Date January 26, 2009.

Appeal from Union (06SP551).

Case reported without published opinion. Affirmed.
<PAGE>

                                                                    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

In connection with the filing with the Securities and Exchange Commission of the
Annual Report of VASCO Data Security International, Inc. (the "Company") on Form
10-K for the period ending December 31, 2005 (the "Report"), I, Clifford K.
Bown, Chief Financial 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:

     i.   The Report fully complies with the requirements of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     ii.  The information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


/s/ Clifford K. Bown
-------------------------------------
Clifford K. Bown
Chief Financial Officer

March 15, 2007
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 8, 2016

p0229 

# Order

Clerk March 8, 2016

150684(88)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 150684

COA: 315379

Oakland CC: 2012

- 240805

- FC

ALAN CRAIG WOOD,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s November

24, 2015 order is considered, and it is DENIED, because it does n ot appear that the order

was entered erroneously.
**Exhibit 23.1**

**CONSENT OF INDEPENDENT AUDITORS**

The Board of Directors and Shareholders  of  Tier Technologies, Inc.

          Wehereby consent to the incorporation by reference in the Registration Statements on Form S-8(Nos. 333-42082, 333-47259, 333-68255, 333-77051) of Tier Technologies, Inc. of our reports dated November 30, 2004relating to the financial statements and financial statement schedules, which appears in this Form 10-K.

| /s/ PRICEWATERHOUSECOOPERS        LLP |   |
|---------------------------------------|--------|
|                                       |   |
| PRICEWATERHOUSECOOPERS LLP            |   |
| San Jose, California                  |   |
| December 27, 2004                     |   |