alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008171EN.01000402.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/4 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/4

---

Judgment of the Court (Fourth Chamber) of 22 May 2008 — Evonik Degussa GmbH, formerly Degussa GmbH v Commission of the European Communities and Council of the European Union

(Case C-266/06 P) (1)

1

(Appeal - Competition - Cartel - Market in methionine - Fine - Regulation No 17/62 - Article 15(2) - Nulla poena sine lege - Distortion of the facts - Principle of proportionality - Principle of equal treatment)

Nulla poena sine lege

(2008/C 171/06)

Language of the case: German

Parties

Appellant: Evonik Degussa GmbH, formerly Degussa GmbH (represented by: R. Bechtold, M. Karl and C. Steinle, Rechtsanwälte)

Appellant:

Other parties to the proceedings: Commission of the European Communities (represented by: A. Bouquet, W. Mölls, Agents, and H.-J. Freund, Rechtsanwalt) and Council of the European Union (represented by: S. Marquardt, G. Curmi and M. Simm, Agents)

Other parties to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) in Case T-279/02 Degussa AG v Commission, in which the Court dismissed in part the action seeking annulment of Commission Decision 2003/674/EC of 2 July 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (OJ 2003 L 255, p. 1) — Cartel concerning the market in methionine — Requirements of the nulla poena sine lege principle in relation to the system of fines laid down by Article 15(2) of Regulation No 17/62.

Degussa AG

Commission

nulla poena sine lege

Operative part of the judgment

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Evonik Degussa GmbH is ordered to bear the costs. |
| --- | --- |

2.

Evonik Degussa GmbH is ordered to bear the costs.

| 3. | The Council of the European Union is ordered to pay its own costs. |
| --- | --- |

3.

The Council of the European Union is ordered to pay its own costs.

---

(1)  OJ C 190 of 12.8.2006.

1

---
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund XXI Limited Partnership (the "Partnership") on Form 10-Q for
the period ended September 30, 2008, as filed with the Securities
and  Exchange  Commission on the date hereof (the "Report"),  the
undersigned, Robert P. Johnson, President of AEI Fund  Management
XXI,  Inc., the Managing General Partner of the Partnership,  and
Patrick  W. Keene, Chief Financial Officer of AEI Fund Management
XXI,  Inc., each certify, pursuant to 18 U.S.C. 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 Partnership.


                          /s/ Robert P Johnson
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              November 7, 2008



                          /s/ Patrick W Keene
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              November 7, 2008
STATE of North Carolina v. Michael Paul DAMATO.

No. COA 15-469.

Court of Appeals of North Carolina.

Oct. 20, 2015.

**Case Reported Without Published Opinion**

No Error.
# CE2004078EN.01024401.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/244 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/244

---

(2004/C 78 E/0246)

WRITTEN QUESTION P-3258/03

by María Ayuso González (PPE-DE) to the Commission

(28 October 2003)

Subject:   Garlic import scheme

Subject:

In 2001 the European Union introduced a garlic import scheme with a view to placing permanent restrictions on imports from third countries and preventing the irregularities which have been detected for years in Chinese garlic sales. Within the World Trade Organisation it negotiated a 38 379-tonne ad valorem duty-payable quota which was split between Argentina, China and other countries. The new scheme permanently replaced the successive safeguard clauses which had been introduced in order to prevent fraudulent exports of Chinese garlic. The initiative has produced satisfactory results, since a significant reduction in the number of irregularities has been achieved.

Nonetheless, shortcomings still exist, as is apparent from the complaints submitted by Spanish garlic growers to OLAF.

Would the Commission say whether it intends to introduce internal improvements in order to prevent the problems which have given rise to the above complaints?

Answer given by Mr Fischler on behalf of the Commission

(19 November 2003)

(19 November 2003)

The Commission shares the Honourable Member's opinion on the importance of policing import arrangements, including those for garlic. It has received complaints from Spanish garlic growers and passed them on to the European Anti-Fraud Office (OLAF) to be examined and dealt with.

As she will doubtless agree, if these claims are correct false certificates of origin are being used, possibly with the connivance of exporting countries' authorities.

Fraud of this type does not call into question the present policing system and attempts to perpetrate it are liable to be made regardless of the checks that the importing country can put in place.

To minimise the risk involved Commission officials regularly conduct retrospective examinations of operation of the garlic scheme.

---
Exhibit 99.28
 CONSENT OF M. HESTER
   1.
    
    The technical report dated March 31, 2006 entitled Technical Report
NI 43-101F1 Los Filos Project, Mexico (the Los Filos Report); and2.
    
    The 40-F, the MD&A and the AIF, which include references in connection
with information relating to the Los Filos Report and the Los Filos
Mine, and the properties described therein.
  /s/ Michael G. HesterName:
    Michael G. Hester, FAusIMM, B.Sc., M.Sc.Independent Mining Consultants, Inc.
<PAGE>



                                                                      EXHIBIT 32

                    CERTIFICATION OF CEO AND CFO 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 Quarterly Report on Form[10-Q of Universal Automotive
Industries, Inc. (the "Company") for the quarterly period ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), Arvin Scott, as Chief Executive Officer of the Company, Robert W.
Zimmer, as Chief Financial Officer of the Company, and Peter Riofski, as Chief
Accounting Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his 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.

/s/ Arvin Scott
---------------------------
Name: Arvin Scott

Title: Chief Executive Officer
Date: January 28, 2004

/s/ Robert W. Zimmer
---------------------------
Name: Robert W. Zimmer
Title: Chief Financial Officer
Date: January 28, 2004

This certification accompanies the Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

See also the certification pursuant to Sec. 302 of the Sarbanes-Oxley Act of
2002, which is also attached to this Report.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 801 Referred in House (RFH)]

110th CONGRESS
  1st Session
                                 S. 801

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 2007

     Referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 AN ACT

 
To designate a United States courthouse located in Fresno, California, 
          as the ``Robert E. Coyle United States Courthouse''.

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

SECTION 1. DESIGNATION.

    The United States courthouse bordered by O Street, P Street, Tulare 
Street, and Capitol Street in Fresno, California, shall be known and 
designated as the ``Robert E. Coyle United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Robert E. Coyle 
United States Courthouse''.

            Passed the Senate April 10, 2007.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.
```
STATE of North Carolina v. Wanda Renee COSEY.

No. 209P08.

Supreme Court of North Carolina.

June 11, 2008.

Nora Henry Hargrove, Assistant Public Defender, for Cosey.

Lynne Weaver, Assistant Attorney General, Ben David, District Attorney, for State of NC.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 6th day of May 2008 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 6th day of May 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."
[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Page 52484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17474]


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

DEPARTMENT OF THE TREASURY

United States Mint


Notification of Citizens Coinage Advisory Committee September 
2005 Public Meeting

SUMMARY: Pursuant to United States Code, Title 31, section 
5135(b)(8)(C), the United States Mint announces the Citizens Coinage 
Advisory Committee (CCAC) public meeting scheduled for September 27, 
2005, at United States Mint Headquarters in Washington, DC. The purpose 
of this meeting is to advise the Secretary of the Treasury on themes 
and designs pertaining to the coinage of the United States and for 
other purposes.
    Date: September 27, 2005.
    Time: 1 p.m. to 4 p.m.
    Location: The United States Mint; 801 9th Street, NW.; Washington, 
DC; 2nd floor.
    Subject: Review design candidates for the Jamestown 400th 
Anniversary Commemorative Coin Program, the Dr. Martin Luther King and 
Coretta Scott King Congressional Gold Medal, and other business.
    Interested persons should call 202-354-7502 for the latest update 
on meeting time and room location.
    The CCAC was established to:
    <bullet> Advise the Secretary of the Treasury on any theme or 
design proposals relating to circulating coinage, bullion coinage, 
Congressional Gold Medals, and national and other medals.
    <bullet> Advise the Secretary of the Treasury with regard to the 
events, persons, or places to be commemorated by the issuance of 
commemorative coins in each of the five calendar years succeeding the 
year in which a commemorative coin designation is made.
    <bullet> Make recommendations with respect to the mintage level for 
any commemorative coin recommended.

FOR FURTHER INFORMATION CONTACT: Madelyn Simmons Marchessault, United 
States Mint Liaison to the CCAC; 801 9th Street, NW., Washington, DC 
20220; or call 202-354-7200.
    Any member of the public interested in submitting matters for the 
CCAC's consideration or addressing the CCAC is invited to submit the 
request and/or materials by fax to the following number: 202-756-6830.

    Authority: 31 U.S.C. 5135(b)(8)(C)

    Dated: August 25, 2005.
David Lebryk,
Acting Director, United States Mint.
[FR Doc. 05-17474 Filed 9-1-05; 8:45 am]
BILLING CODE 4810-37-P
HOUSE OF RAEFORD FARMS, INC. v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.

No. 301P15.

Supreme Court of North Carolina.

Nov. 5, 2015.

Anita LeVeaux, Assistant Attorney General, for North Carolina Department of Environment And Natural Resources.

Henry W. Jones, Jr., Raleigh, for House of Raeford Farms, Inc.

Lori P. Jones, Raleigh, for House of Raeford Farms, Inc.

Mary Louise Lucasse, Special Deputy Attorney General, for North Carolina Department of Environment And Natural Resources.

*ORDER*

Upon consideration of the petition filed by Respondent on the 25th of August 2015 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 5th of November 2015."

Upon consideration of the petition filed on the 25th of August 2015 by Respondent 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 5th of November 2015."
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 IGIA, Inc. (the "Company") on
Form 10-KSB for the period ending February 28, 2006 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Avi Sivan, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 and Exchange Act of 1934; and

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



Date:  June 13, 2006                     By:    /s/ Avi Sivan
                                                ---------------
                                                Avi Sivan
                                                Chief Executive Officer
```

[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Pages 54766-54767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18441]

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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY-920-1310-01; WYW159200]

Notice of Proposed Reinstatement of Terminated Oil and Gas Lease

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of proposed reinstatement of terminated oil and gas 
lease.

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

SUMMARY: Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 
3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a 
petition for reinstatement of oil and gas lease WYW159200 from EOG 
Resources Inc. for lands in Fremont County, Wyoming. The petition was 
filed on time and was accompanied by all the rentals due since the date 
the lease terminated under the law.

[[Page 54767]]

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, Pamela J. 
Lewis, Chief, Fluid Minerals Adjudication, at (307) 775-6176.

SUPPLEMENTARY INFORMATION: The lessee has agreed to the amended lease 
terms for rentals and royalties at rates of $10.00 per acre or fraction 
thereof, per year and 16\2/3\ percent, respectively. The lessee has 
paid the required $500 administrative fee and $166 to reimburse the 
Department for the cost of this Federal Register notice. The lessee has 
met all the requirements for reinstatement of the lease as set out in 
Section 31(d) and (e) of the Mineral Lands Leasing Act of 1920 (30 
U.S.C. 188), and the Bureau of Land Management is proposing to 
reinstate lease WYW159200 effective June 1, 2004, under the original 
terms and conditions of the lease and the increased rental and royalty 
rates cited above. BLM has not issued a valid lease affecting the 
lands.

Pamela J. Lewis,
Chief, Fluid Minerals Adjudication.
[FR Doc. 05-18441 Filed 9-15-05; 8:45 am]
BILLING CODE 4310-22-P
```
STATE v. Reginal FULLARD.

No. 455P14-4.

Supreme Court of North Carolina.

Jan. 28, 2016.

Reginald Fullard, Lumberton, for Fullard, Reginald.

Robert C. Montgomery, Special Deputy Attorney General, for State of N.C.

James R. O'Neill, District Attorney, for State of N.C.

The following order has been entered on the motion filed on the 18th of November 2015 by Defendant for Appeal Seeking Recusal:

> "Motion Dismissed by order of the Court in conference, this the 28th of January 2016."
**EXHIBIT 31.1****CERTIFICATION OF CHIEF EXECUTIVE OFFICER**  I, Robert W. Zoller, Jr., certify that: 1. I have reviewed this quarterly report on Form 10-Q of Kitty Hawk, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 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 ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) 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;and  (c) 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 theaudit committee of registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’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 havea significant role in the registrant’s internal control over financial reporting.     August 10, 2005 By: /s/ ROBERT W. ZOLLER, JR.         Robert W. Zoller, Jr.    Chief Executive Officer and President
##### 



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
On2 Technologies, Inc. (the Company) on
Form 10-KSB for the period ended December 31, 2002 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 28, 2003
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-40729

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

JEROME ARTHUR CHAVIS,

 Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:93-CR-25-1

- - - - - - - - - -

June 17, 1996

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

On appeal after remand, Jerome Arthur Chavis challenges the

district court's denial of the motion to suppress by arguing that

his continued detention after the traffic stop exceeded the

bounds of the Fourth Amendment. For essentially the same reasons

as explained by the district court, see United States v. Chavis,

902 F. Supp. 111 (E.D. Tex. 1995), we

AFFIRM.