alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2009267EN.01005502.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/55 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/55

---

Judgment of the Court of First Instance of 23 September 2009 — Arcandor v OHIM — dm drogerie market (S-HE)

(Case T-391/06) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community word mark S-HE - Earlier national word mark SHE, earlier national and international figurative trade mark She - Relative ground for refusal - No likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 [now Article 8(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/94

Language of the case: German

Parties

Parties

Applicant: Arcandor AG, previously Karstadt Quelle AG (Essen, Germany) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: dm drogerie market GmbH (Wals, Austria) (represented by: N. Dick and M. Dyck, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM No R 301/2006-1 of 26 September 2006 concerning opposition proceedings between Karstadt Quelle AG and dm drogerie market GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Orders Arcandor AG, previouslyt Karstadt Quelle AG to pay the costs. |
| --- | --- |

2.

Orders Arcandor AG, previouslyt Karstadt Quelle AG to pay the costs.

---

(1)  OJ C 42 of 24.2.2007.

1

---
##### 



Exhibit 32.2
 Certification by the Chief Financial Officer
Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. Section 78m(a) or Section 780(d)); and2.
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
  Date:
    
    April 6, 2006
    
    
    
    /s/ Theodore AbajianTheodore AbajianChief Financial Officer
##### 



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 Viewpoint
Corporation (the Company) on Form 10-K for the
period ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the
Report), I, Robert E. Rice, President and Chief
Executive Officer of the Company, certify, in accordance with 18
U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, that based on my knowledge:



| |                                                                                                                                                                                             
| | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) The Report to which this certification
    is attached as an exhibit, 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.                            



| |     |                   
| | --- | ------------------
| | By: | /s/ ROBERT E. RICE

| |                                          
| | -----------------------------------------
| |                                          
| | Robert E. Rice                           
| | President and Chief Executive
    Officer

Dated: March 31, 2003
# CE2004084EN.01072801.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/728 |
| --- | --- | --- | --- |

3.4.2004

EN

Official Journal of the European Union

CE 84/728

---

(2004/C 84 E/0819)

WRITTEN QUESTION E-1983/03

by Alexandros Alavanos (GUE/NGL) to the Commission

(16 June 2003)

Subject:   Establishment of a secondary school in the small town of Rizokarpaso in Turkish-occupied Cyprus

Subject:

In the small town of Rizokarpaso in Turkish-occupied Cyprus where Greek Cypriot families live in an enclave there is an elementary school which today has 23 pupils.

However, because there is no secondary school in Rizokarpaso, these pupils are obliged to move with their families to the free areas of Cyprus in order to continue their education.

Since all citizens must be given the opportunity of education and given that Cyprus has been admitted as a Member State of the European Union, what action does the Commission intend to take both in respect of the Turkish Cypriot community, whose representatives have declared that they are examining the matter, and as part of the measures it itself is promoting, with a view to facilitating the establishment of a secondary school in the occupied village of Rizokarpaso in Cyprus?

---
Exhibit 99.13

CONSENT OF JACQUES SIMONEAU

Reference is made to the Annual Report on Form 40-F and the documents incorporated by reference therein (the 40-F) of Goldcorp Inc. (the Company) for the fiscal year ended
December 31, 2012, and any amendments thereto, to be filed with the United States Securities and Exchange Commission pursuant to the United States Securities Exchange Act of 1934, as amended, and the Annual Information Form (the
AIF) and Managements Discussion and Analysis (MD&A) of the Company for the year then ended, which are filed as exhibits to and incorporated by reference in the 40-F.

I hereby consent to the references to, and the information derived from, the following report(s) and to the references, as applicable, to
my name in connection with (including, as an expert or qualified person) the following report(s) and/or documents:



|1. | The technical report that has an effective date of January 26, 2012, entitled Éléonore Gold Project Quebec, Canada NI 43-101 Technical
Report (the Éléonore Report); and
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The 40-F, the MD&A and the AIF, which include references in connection with information relating to the Éléonore Report and the Éléonore
Project, and the properties described therein.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I also hereby consent to the incorporation by reference of such
information contained in the 40-F, the MD&A and the AIF into Registration Statement Nos. 333-126038, 333-126039, 333-126040, 333-151243, 333-151251, 333-174376 and 333-181116 on Form S-8 of the Company.



|                    |  |                                
|------------------- |  | -------------------------------
|Date: March 1, 2013 |  |                                
|                    | 
|                    |  | /s/ Jacques Simoneau           
|                    |  | Name: Jacques Simoneau, P. Geo.
STATE of North Carolina v. Brian Levi BYFORD.

No. 28P16.

Supreme Court of North Carolina.

March 17, 2016.

Brian Levi Byford, for Byford, Brian Levi.

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

Vernon K. Stewart, District Attorney, for State of N.C.

*ORDER*

Upon consideration of the petition filed by Defendant on the 25th of January 2016 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Harnett County:

> "Denied by order of the Court in conference, this the 17th of March 2016."
|                                              |   | JURISDICTION      OF |   | CONTROL      BY |   |
|---------------------------------------------------|--------|----------------------|--------|-----------------|--------|
| NAME      OF SUBSIDIARY                           |   | ORGANIZATION         |   | REGISTRANT      |   |   | SUBSIDIARY |   |
| Carl      Karcher Enterprises, Inc.               |   | California           |   |            | 100%   |   |   |   |   |
| Hardee’s      Food Systems, Inc.            |   | North      Carolina  |   |            | 100%   |   |   |   |   |
| Flagstar      Enterprises, Inc.                   |   | Alabama              |   |            |   |   |   |   | 100% |   |
| Spardee’s      Realty, Inc.                 |   | Alabama              |   |            |   |   |   |   | 100% |   |
| HED,      Inc.                                    |   | North      Carolina  |   |            |   |   |   |   | 100% |   |
| Burger      Chef Systems, Inc.                    |   | North      Carolina  |   |            |   |   |   |   | 100% |   |
| Hardee’s      LTD, Fribourg                 |   | Switzerland          |   |            |   |   |   |   | 98% |   |
| Hardee’s      Employee Hurricane Fund, Inc. |   | California           |   |            |   |   |   |   | 100% |   |
| CKE      REIT II, Inc.                            |   | Delaware             |   |            | 100%   |   |   |   |   |   |
| Carl’s      Jr. Region VIII, Inc.           |   | Delaware             |   |            |   |   |   |   | 100% |   |
| Carl’s      Jr. Media Fund                  |   | California           |   |            | 100%   |   |   |   |   |   |
| Carl’s      Jr. National Production Fund    |   | California           |   |            | 100%   |   |   |   |   |   |
| CKE      Distribution, LLC                        |   | California           |   |            | 100%   |   |   |   |   |   |
| Aeroways,      LLC                                |   | California           |   |            | 100%   |   |   |   |   |   |
| Santa      Barbara Restaurant Group, Inc.         |   | Delaware             |   |            | 100%   |   |   |   |   |   |
| GB      Franchise Corporation                     |   | California           |   |            |   |   |   |   | 100% |   |
| Channel      Islands Roasting Company             |   | California           |   |            | 100%   |   |   |   |   |   |
Exhibit 31**CERTIFICATION**I, J. Michael Gullard, certify that: 1. I have reviewed this annual report on Form 10-K of CTK Windup Corporation;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;  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)and 15d-15(e)) for the registrant and have:(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and(b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.Date: July 29, 2005         By:  /s/   J. Michael Gullard   Name:  J Michael Gullard   Title:  President and Treasurer
<PAGE>
                                                                    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 Quarterly Report on Form 10-Q/A of Applix, Inc. (the
"Company") for the period ended June 30, 2002 as filed with the Securities and
Exchange Commission on August 14, 2002, as amended on March 31, 2003 and the
date hereof (the "Report"), the undersigned, David C. Mahoney, Chief Executive
Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
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.

                                   /s/ David C. Mahoney
                                   -----------------------
Dated: May 21, 2003                David C. Mahoney
                                   Chief Executive Officer





A signed original of this written statement required by Section 906 has been
provided to Applix, Inc. and will be retained by Applix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Aeronautics and Space Administration

          - [Notice (05-143)] 

# AGENCY:

National Aeronautics and Space Administration (NASA). 

# ACTION:

Notice of renewal of the charter for the NASA Advisory Council. 

# SUMMARY:

Pursuant to sections 14(b)(1)and 9(c) of the Federal Advisory Committee Act (Public Law 92-463), and after consultation with the Committee Management Secretariat, General Services Administration, the Administrator of the National Aeronautics and Space Administration (NASA) has determined that a renewal and amendment of the Charter for the Agency-established NASA Advisory Council is necessary and in the public interest in connection with the performance of duties imposed upon NASA by law. In connection with this renewal, a number of amendments have been made to the Charter as part of the overall restructuring of the NASA Advisory Council. The purpose of the NASA Advisory Council is to provide advice and make recommendations to the NASA Administrator on Agency programs, policies, plans, financial controls and other matters pertinent to the Agency's responsibilities.

# FOR FURTHER INFORMATION CONTACT:

Ms. P. Diane Rausch, Office of External Relations, National Aeronautics and Space Administration, Washington, DC 20546, 202/358-4510. 

Dated: September 14, 2005. 

P. Diane Rausch, 

Advisory Committee Management Officer, National Aeronautics and Space Administration. 

[FR Doc. 05-18846 Filed 9-20-05; 8:45 am] 

BILLING CODE 7510-13-P
**Order of the President of the Court of First Instance of 11 June 2007 – Município de Gondomar v Commission**

**(Case T-324/06 R)**

Applications for interim measures – Application for suspension of operation of a measure – Withdrawal of financial aid – Cohesion funds – Whether directly concerned – Inadmissibility – Urgency

1.                     *Applications for interim measures – Conditions of admissibility – Admissibility of main application – Irrelevance – Limits
(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1), first subpara.) (see para 27)*

2.                     *Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para.,
EC; Council Regulation No 1164/94, Art. 12(1)(h); Commission Regulation No 1831/94, Art. 5(2) and (7)) (see paras 34-37, 41,
43, 47)*

3.                     *European Communities – Judicial review of the legality of the acts of the institutions (Arts 10 EC, 230, fourth para., EC
and 234 EC) (see paras 45‐46)*

4.                     *Applications for interim measures – Suspension of operation of a measure – Conditions for granting – Urgency – Serious and
irreparable damage (Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) (see paras 51-52, 55)*

**Re:**

| |
| --- |
| APPLICATION for suspension of operation of Commission Decision C(2006) 3782 of 16 August 2006 on the cancellation of the financial assistance granted by the Cohesion Fund for Project No 95/10/61/07 – Redevelopment of Grande Porto/Sul – Subsistema de Gondomar (Portugal) by Commission Decision C (95) 3281 of 18 December 1995. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| | | Dismisses the application for interim measures; |

| | | |
| --- | --- | --- |
| | | Reserves the costs. |
**Exhibit 99.15****CONSENT OF R. BRYSON**     I hereby consent to the use of my name in connection with the following report and documents,which are being filed as exhibits to and incorporated by reference into the registration statementon Form 40-F of Goldcorp Inc. (the “Company”) being filed with the United States Securities andExchange Commission: 1. The technical report dated December 31, 2007 and amended February 19, 2008entitled “Amended Penasquito Project Technical Report Concepción del Oro District,Zacatecas State, México” (the “Amended Penasquito Report”); and  2. The annual information form of the Company dated March 25, 2008, whichincludes reference to my name in connection with information relating to the AmendedPeñasquito Report, the Marigold Mine, the Wharf Mine, the Éléonore Project, the SouthArturo Project, the Imperial Project, the Nukay Mine, the El Sauzal Mine, the CerroBlanco Project and the properties described therein.Date: March 28, 2008         /s/ Robert Bryson   Name:  Robert Bryson   Title:  Vice President, Engineering, Goldcorp
# CE2004078EN.01077701.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/777 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/777

---

(2004/C 78 E/0826)

WRITTEN QUESTION E-3089/03

by Bruno Gollnisch (NI) to the Council

(20 October 2003)

Subject:   Alstom

Subject:

Article 87 of the Treaty lays down the rules governing State aids and specifies which types may be considered as compatible with the common market, e.g. aid to promote the economic development of certain areas or activities, or to remedy a serious disturbance in the economy of a Member State, etc.

If Alstom, which employs tens of thousands of workers in Europe, were to go bakrupt, this would have a devastating effect on employment and the economy of entire regions and would undoubtedly cause a ‘disturbance’. And yet the Commission has decided to be particularly strict on this issue.

It is not uncommon for states to support companies experiencing difficulties. In such cases, consideration of the strategic nature of the industrial activity or the jobs situation should take precedence over a purely financial or economic analysis of the measures since the aid is clearly of a temporary and non-structural nature.

Does the Council consider that the EU texts, which have remained virtually unchanged since the beginning, are still appropriate for responding to the challenges of competition, which is now worldwide and, in may cases, unfair?

Is it prepared, in particular, to remove references in the relevant articles of the Treaty to competition and the operation of the common market and replace them with references to the need to preserve jobs and fight for the survival of strategic sectors?

Reply

(4 March 2004)

(4 March 2004)

The attention of the Honourable Member is drawn to the fact that it is not within the Council's competencies to revise the text of the Treaty establishing the European Community. Such a revision can only take place within the framework of an intergovernmental conference and by subsequent ratification by the Member States.

Furthermore, it is recalled that the European Parliament has taken an active part in the work carried out by the European Convention, and has presumably been in a position to present views on the issue raised by the Honourable Member in that framework.

---
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 Quarterly Report of Othnet, Inc. (the
"Company") on Form 10-QSB for the period ended October 31,  2004,
as  filed  with  the  Securities  and  Exchange  Commission  (the
"Report"),  the  undersigned certifies,  pursuant  to  18  U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley  Act  of 2002, to the best of the undersigned's  knowledge,
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.

Dated: December 15, 2004      By: /s/ Jeffrey Wattenberg
                                  Jeffrey Wattenberg,
                                  President and Chief Executive
                                  Officer

Dated: December 15, 2004      By: /s/ Jeffrey Wattenberg
                                  Jeffrey Wattenberg,
                                  Principal Financial Officer