alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008171EN.01000602.xml

| 5.7.2008 | EN | Official Journal of the European Union | C 171/6 |
| --- | --- | --- | --- |

5.7.2008

EN

Official Journal of the European Union

C 171/6

---

Judgment of the Court (Third Chamber) of 22 May 2008 (reference for a preliminary ruling from the Oberlandesgericht Dresden, Germany) — Energy management proceedings between citiworks AG (Intervening party: Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde), on the one hand, and Flughafen Leipzig/Halle GmbH and Bundesnetzagentur, on the other

(Case C-439/06) (1)

1

(Internal market in electricity - Directive 2003/54/EC - Article 20(1) - Open access of third parties to electricity transmission and distribution systems)

(2008/C 171/10)

Language of the case: German

Referring court

Oberlandesgericht Dresden

Applicant in the energy management proceedings

citiworks AG

Interveners in the energy management proceedings in support of the applicant: Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde,

Interveners in the energy management proceedings in support of the applicant:

Defendants in the energy management proceedings: Flughafen Leipzig/Halle GmbH, Bundesnetzagentur

Re:

Reference for a preliminary ruling — Oberlandesgericht Dresden — Interpretation of Article 20(1) of Directive 2003/54/EC of the European Parliament and the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ 2003 L 176, p. 37) — National legislation which excludes networks wholly situated on the premises of an undertaking (Betriebsnetze) from the principle of free access of third persons to electricity transport and distribution networks

Operative part of the judgment

Article 20(1) of Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC must be interpreted as precluding a provision such as the first point of Paragraph 110(1) of the Law on electricity and gas supply, referred to as ‘the Law on energy management’ (Gesetz über die Elektrizitäts- und Gasversorgung (Energiewirtschaftsgesetz)) of 7 July 2005, which exempts certain operators of energy supply systems from the obligation to provide third parties with open access to those systems on the grounds that they are located on a geographically connected operation zone and that they predominantly serve to supply the energy needs of the undertaking itself and of connected undertakings.

---

(1)  OJ C 326, 30.12.2006.

1

---
**Exhibit 32.1**

 

**Certificationof Chief Executive Officer**

**Pursuantto 18 U.S.C. Section 1350,**

** As Adopted Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

 

 

In connection with the periodic report of Westaff, Inc., aDelaware corporation (the “Company”) on Form 10-Q for the periodended January 22, 2005 as filed with the Securities and ExchangeCommission (the “Report”), I, Dwight S. Pedersen, President and Chief ExecutiveOfficer of the Company, hereby certify as of the date hereof, solely for purposesof Title 18, Chapter 63, Section 1350 of the United States Code, that:

 

(1)                                  theReport fully complies with the requirements of Section 13(a) or15(d), as applicable of the Securities Exchange Act of 1934, and

 

(2)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company at the datesand for the periods indicated.

 

 
| Date: March 8, 2005 |   |                                  |
|--------------------------|--------|---------------------------------------|
|                     |   |                                  |
|                     |   |                                  |
|                     | By:    | /s/ Dwight S. Pedersen                |   |
|                     |   | Dwight S.  Pedersen                   |
|                     |   | President and Chief Executive Officer |

 

A signed original of thiswritten statement required by Section 906 has been provided to Westaff, Inc.and will be retained by Westaff, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              JUL-31-1998
<PERIOD-END>                                   JAN-31-1998
<CASH>                                         18150
<SECURITIES>                                   0
<RECEIVABLES>                                  609
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               18759
<PP&E>                                         39420
<DEPRECIATION>                                 10862
<TOTAL-ASSETS>                                 47317
<CURRENT-LIABILITIES>                          159455
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1305695
<OTHER-SE>                                     (1417833)
<TOTAL-LIABILITY-AND-EQUITY>                   47317
<SALES>                                        39353
<TOTAL-REVENUES>                               40394
<CGS>                                          0
<TOTAL-COSTS>                                  154232
<OTHER-EXPENSES>                               9341
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             6720
<INCOME-PRETAX>                                (123179)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (123179)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (123179)
<EPS-PRIMARY>                                  (.01)
<EPS-DILUTED>                                  (.01)
        

</TABLE>
# C_2008022EN.01005101.xml

| 26.1.2008 | EN | Official Journal of the European Union | C 22/51 |
| --- | --- | --- | --- |

26.1.2008

EN

Official Journal of the European Union

C 22/51

---

Order of the Court of First Instance of 6 December 2007 — Microsoft v Commission

(Case T-271/06) (1)

1

(2008/C 22/96)

Language of the case: English

Language of the case: English

The President of the Court of First Instance (Seventh Chamber) has ordered that the case be removed from the register.

---

(1)  OJ C 294, 2.12.2006.

1

---
State v. Charles Everette Hinton

449P11-14

Supreme Court of North Carolina.

August 18, 2016

Charles E. Hinton, for Hinton, Charles Everette.

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

The following order has been entered on the motion filed on the 11th of August 2016 by Defendant for Oral Hearing Opportunity to be Heard:

"Motion Dismissed by order of the Court in conference, this the 18th of August 2016."

Ervin, J. recused
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1997
<PERIOD-END>                               OCT-31-1996
<CASH>                                          262055
<SECURITIES>                                         0
<RECEIVABLES>                                      609
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                262664
<PP&E>                                            8475
<DEPRECIATION>                                    7077
<TOTAL-ASSETS>                                  264062
<CURRENT-LIABILITIES>                           116702
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       1160694
<OTHER-SE>                                   (1013334)
<TOTAL-LIABILITY-AND-EQUITY>                    264062
<SALES>                                              0
<TOTAL-REVENUES>                                165768
<CGS>                                                0
<TOTAL-COSTS>                                   120183
<OTHER-EXPENSES>                                  3214
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1862
<INCOME-PRETAX>                                  42371
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              42371
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     42371
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
<TABLE>
<CAPTION>
SMC CORPORATION                                                      EXHIBIT 11
STATEMENT OF CALCULATION OF AVERAGE
COMMON SHARES OUTSTANDING

                                                                Three Months            Nine Months
                                                                    Ended                  Ended
                                                             September 30, 1996     September 30, 1996

<S>                                                                 <C>                    <C>      
Primary Earnings Per Share:

     Weighted average number of shares                              6,563,064              6,563,064

     Stock option plan shares to be issued at
     prices ranging from $7.25 to $11.50 per share                    943,000                943,000
     
     Warrant issues at a price of $9.30 per share                     125,000                125,000

     Less:   Assumed purchase of shares by the Company
             at the average market price during the period
             using the proceeds received upon the assumed
             exercise of the outstanding options and warrants.       (888,318)              (975,570)
                                                                    ---------             ----------

             Total Primary Shares                                   6,742,746              6,655,494
                                                                    =========              =========



Fully Diluted Earnings Per Share:

     Weighted average number of shares                              6,563,064              6,563,064

     Stock option plan shares to be issued at prices
     ranging from $7.25 to $11.50 per share                           943,000                943,000

     Warrant issues at a price of $9.30 per share                     125,000                125,000

     Less:   Assumed purchase of shares by the Company at
             the higher of ending or average market price
             during the period using the proceeds received upon
             the assumed exercise of the outstanding options
             and warrants                                            (805,075)              (916,482)
                                                                    ---------              ---------

             Total Diluted Shares (1)                               6,825,989              6,714,582
                                                                    =========              =========

<FN>

(1) Fully diluted EPS was not presented as its effect was less than 3% of
primary earnings per share.
</FN>
</TABLE>
* Pursuant to 5TH CIR. R. 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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40298

Summary Calendar

ARTHUR LEE POWELL

Petitioner-Appellant

v.

NATHANIEL QUARTERMAN, DIRECTOR, TEXAS DEPARTMENT OF

CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION

Respondent-Appellee

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:06-CV-224

Before HIGGINBOTHAM, BARKSDALE and ELROD, Circuit Judges. 

PER CURIAM:*

Arthur Lee Powell, Texas prisoner # 438963, appeals the dismissal of his

28 U.S.C. § 2254 petition, in which he challenged a disciplinary proceeding. A

certificate of appealability was granted on whether Powell was entitled to

mandatory supervised release, thereby creating a liberty interest in the process

he received at the disciplinary hearing. The respondent asserts that Powell was

entitled to mandatory supervised release and that the case should be remanded

United States Court of Appeals

Fifth Circuit

F I L E D

September 30, 2008

Charles R. Fulbruge III

Clerk
No. 07-40298

2

in light of Teague v. Quarterman, 482 F.3d 769, 773 (5th Cir. 2007). The

respondent has also filed a motion to remand the case.

The respondent’s motion to remand is GRANTED. The district court’s

dismissal of Powell’s due process claim is VACATED, and the case is

REMANDED to the district court for it to consider the merits of Powell’s due

process claim regarding the loss of good time credit.
STATE v. Kelvin W. SELLARS.

No. 415P13-3.

Supreme Court of North Carolina.

March 17, 2016.

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

Kelvin W. Sellars, Norlina, for Sellars, Kelvin W.

Craig Blitzer, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 21 st of January 2016 by Defendant-Appellant for Petition for Discretionary Review:

> "Motion Dismissed by order of the Court in conference, this the 17th of March 2016."

ERVIN, J., recused.
State of North Carolina v. Brenda Sanders Lanclos

No. 414P16

Supreme Court of North Carolina.

January 26, 2017

Kirby H. Smith, III, Attorney at Law, Thomas A. Kellis, II, Attorney at Law, New Bern, for Lanclos, Brenda Sanders.

Neal T. McHenry, Assistant Attorney General, Ernie Lee, District Attorney, for State of North Carolina.

***ORDER***

Upon consideration of the petition filed on the 8th of November 2016 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 26th of January 2017."
**Judgment of the Court (Seventh Chamber) of 15 January 2009 – Commission v Italy**

**(Case C‐539/07)**

Failure of a Member State to fulfil obligations – Directive 2002/22/EC – Article 26(3) – Single European emergency call number – Caller location information – Availability to the authorities handling emergencies – Failure to transpose within the prescribed period

1.                     *Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
– Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)*

2.                     *Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
– Not permissible (Art. 226 EC) (see para. 11)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Article 26(3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51). |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, by failing, for all calls to the single European emergency call number ‘112’, to make caller location information available, to the extent technically feasible, to the authorities handling emergencies, the Italian Republic has failed to fulfil its obligations under Article 26(3) of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive); |

| | | |
| --- | --- | --- |
| 2. | | Orders the Italian Republic to pay the costs. |
**Exhibit 32.2**

 

**Certification Pursuant to Section 906of the Sarbanes-Oxley Act of 2002**

 

I, Donna Lehmann, asTreasurer and Principal Financial and Accounting Officer of BH/RE, L.L.C. (the “Company”),certify pursuant to 18 U.S.C. Section 1350, as adopted by Section 906of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(A)  the accompanying Quarterly Report on Form 10-Qfor the period ended September 30, 2009 as filed with the Securities andExchange Commission (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(B)  the information in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 

Dated: November 16,2009

 
|   | /S/  Donna Lehmann                                      |
|--------|---------------------------------------------------------|
|   | Donna  Lehmann                                          |
|   | Treasurer  (Principal Financial and Accounting Officer) |

 

----
Exhibit 10.6


         


        VIVAKOR, INC.


        8 Technology #165

        Irvine, CA 92618


         


        November   9   2010


        To Whom It May Concern:


        SHARE CERTIFICATES


        Please be advised that the shares registered in the name of Barclay Lyons, LLC ("Barclay") for Five Million (5,000,000) shares of common stock ("Stock") of Vivakor, Inc., (the "Company"), are validly issued, free trading, fully-paid, non-assessable with no restrictions. The Stock is issued based for $4,629.63 on a per
        share price of $0.0009259 which equals Five Million (5,000,000) shares. It is understood that neither the Company, nor the transfer agent, will take any action to cancel or encumber the Stock or the share certificate representing the Stock. The Company hereby indemnifies and holds harmless Barclay and any brokerage and/or clearing firm working with Barclay against any all claims with respect to the Stock and any reliance on the preceding sentence. These shares are free and
        clear of any encumbrances.


        Very Truly Yours,

        Vivakor, Inc.


        By:  /s/ MATT NICOSIA          


                Matt Nicosia


                Chief Executive Officer
STEPHENSON v. PALMATIER, et al.

No. 356P15-1.

Supreme Court of North Carolina.

Nov. 5, 2015.

Terry W. Stephenson, II, Lowell, for Stephenson, Terry Wayne (II).

Jeffrey Goss, for Palmatier, Terry L., et al.

Linda G. Wideman, for Wideman, Linda G.

**Opinion**

The following order has been entered on the motion filed on the 23rd of October 2015 by Plaintiff for Petition for Discretionary Review:

> "Motion Dismissed by order of the Court in conference, this the 5th of November 2015."
State v. Marvin Wade Millsaps

374P13-6

Supreme Court of North Carolina.

June 9, 2016

Barry H. Bloch, Assistant Attorney General, Sarah Kirkman, District Attorney, For State of North Carolina.

Marvin W. Millsaps, Pro Se.

The following order has been entered on the motion filed on the 6th of May 2016 by Defendant to Modify/ Vacate Old Age Conviction:

"Motion Dismissed by order of the Court in conference, this the 9th of June 2016."
**Exhibit
      32**
 
 **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 this Quarterly Report on Form 10-Q/A of National Patent
      Development Corporation (the “Company”) for the fiscal quarter ended March 31,
      2006, as filed with the Securities and Exchange Commission on the date hereof,
      (the “Report”), each of the undersigned officers 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 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/
      JEROME I.
      FELDMAN
 Name:  Jerome
      I.
      Feldman
 Title:  Chief
      Executive Officer
 Date:  May
      15,
      2007
 
 
 
 /s/
      SCOTT N.
      GREENBERG
 Name:  Scott
      N.
      Greenberg
 Title:  Chief
      Financial Officer
 Date:  May
      15,
      2007
State v. Arvin Roscoe Hayes

287P16-1

Supreme Court of North Carolina.

August 5, 2016

James R. Grant, Assistant Appellate Defender, for Hayes, Arvin Roscoe.

Daniel Snipes Johnson, Special Deputy Attorney General, Tom Horner, District Attorney, for State of North Carolina.

The following order has been entered on the motion filed on the 5th of August 2016 by State of NC for Temporary Stay:

"Motion Allowed by order of the Court in conference, this the 5th of August 2016."
# C_2023189EN.01003801.xml

| 30.5.2023 | EN | Official Journal of the European Union | C 189/38 |
| --- | --- | --- | --- |

30.5.2023

EN

Official Journal of the European Union

C 189/38

---

Action brought on 13 April 2023 — IU Internationale Hochschule v EUIPO (IU International University of Applied Science)

(Case T-188/23)

(2023/C 189/50)

Language of the case: German

Parties

Applicant: IU Internationale Hochschule GmbH (Erfurt, Germany) (represented by: A. Heise, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: International registration designating the European Union in respect of the word mark IU International University of Applied Sciences — Application No 1 628 092

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 February 2023 in Case R 1951/2022-1

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. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 72(2) in conjunction with Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 72(2) in conjunction with 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;

| — | Infringement of Article 72(2) in conjunction with Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 72(2) in conjunction with Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---