alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court (Sixth Chamber) of 29 November 2007 – Commission v Luxembourg**

**(Case C‐263/07)**

Failure of a Member State to fulfil obligations – Incorrect transposition – Directive 96/61/EC – Article 9(4) – Article 13(1) – Annex I – Integrated pollution prevention and control – Concepts of ‘application of the best available techniques’ and ‘periodic reconsideration of the conditions for an operating
permit’

Actions for failure to fulfil obligations – Examination of 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. 14)

**Re:**

| |
| --- |
| Failure of a Member State to fulfil obligations – Incorrect transposition of Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ 1996 L 257, p. 26) and of Annex I thereto – Concepts of application of the ‘best available techniques’ and ‘periodic reconsideration’ of the conditions for an operating permit. |

**Operative part**

| | | |
| --- | --- | --- |
| | | By failing correctly to transpose Articles 9(4) and 13(1) of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control, and of Annex I thereto, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive. |

| | | |
| --- | --- | --- |
| | | The Grand Duchy of Luxembourg is ordered to pay the costs. |
Exhibit 10.28

 

REGUS

 

Addendum to Service Agreement

 

This Addendum to the Service Agreement (“Addendum”) is made and entered into on the 4th day of January, 2013, by and between HQ Global Workplaces (“Regus”) and Methylgene, Inc. (“Client”).

 

Recitals

 

A.                                    Client and Regus are parties to that certain Service Agreement (“Agreement”) dated   December 1, 2012   in which Regus provides certain services and facilities to you.

 

B.                                    The parties desire to amend the terms of the Office Agreement under the following terms and conditions.

 

NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein and other good and valuable considerations, the parties agree as follows:

 

2.                                      Amendment.  The Office Agreement will be amended as follows:

 

A.                                    Client will change business name currently “Methylgene, Inc.” to the name “Methylgene US Inc.”, and will use this company name for the duration of their agreement with HQ University Towne Center at 4660 La Jolla Village Drive, Suite 500, San Diego, CA  92122.

 

3.                                      Control.  Except as specifically modified or amended by the terms of this Addendum, the Agreement will remain in full force and effect.  In the event of a conflict between this Addendum and the Agreement or any attachment hereto, this Addendum will control.

 

4.                                      Capitalized Terms.  All capitalized terms not otherwise defined in this Addendum will have their respective meanings as set forth in the Agreement.

 

5.                                      General Terms.  This Addendum may be executed in one or more counterparts and/or by facsimile, each of which will be deemed an original and all of which signed counterparts, taken together, will constitute one and the same instrument.

 

In Witness Whereof, the parties have executed this Addendum as of the date first above written.

 

	
Client:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
METHYLGENE   US INC.
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/   Charles M. Baum 
    	
 
    	
Date:
    	
January   8, 2013
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
Name:
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Title:
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Regus:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
HQ   Global Workplaces Regus Group
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
By:
    	
/s/   Kiah Amande
    	
 
    	
Date:
    	
January   8, 2013
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
Name:
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Title:
# C_2008236EN.01000301.xml

| 13.9.2008 | EN | Official Journal of the European Union | C 236/3 |
| --- | --- | --- | --- |

13.9.2008

EN

Official Journal of the European Union

C 236/3

---

Judgment of the Court (Third Chamber) of 25 July 2008 — C.A.S. SpA v Commission of the European Communities

(Case C-204/07 P) (1)

1

(Appeals - EEC-Turkey Association Agreement - Regulation (EEC) No 2913/92 - Article 239 - Community Customs Code - Repayment and remission of import duty - Fruit juice concentrate from Turkey - Movement certificates - Falsification - Special situation)

(2008/C 236/04)

Language of the case: German

Parties

Appellant: C.A.S. SpA (represented by: D. Ehle, Rechtsanwalt)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: M. Patakia and S. Schønberg, acting as Agents, assisted by M. Núñez Müller, Rechtsanwalt)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 6 February 2007 in Case T-23/03 C.A.S. v Commission dismissing the application for partial annulment of Commission Decision REC 10/01 of 18 October 2002 relating to a claim for remission of import duties recovered post-clearance on fruit juice concentrates from Turkey imported under certificates of origin which had proved to be false in a subsequent check — Omissions and errors on the part of the Turkish authorities and the Commission capable of creating a special situation within the meaning of Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1) — Distribution of the burden of proof as to the existence of a special situation — Legal classification of the documents and facts

C.A.S.

Commission

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the Court of First Instance of 6 February 2007 in Case T-23/03 CAS v Commission; |
| --- | --- |

1.

Sets aside the judgment of the Court of First Instance of 6 February 2007 in Case T-23/03 CAS v Commission;

CAS

Commission

| 2. | Annuls Article 2 of the Decision of the Commission of 18 October 2002 (REC 10/01); |
| --- | --- |

2.

Annuls Article 2 of the Decision of the Commission of 18 October 2002 (REC 10/01);

| 3. | Orders the Commission of the European Communities to pay the costs at both instances. |
| --- | --- |

3.

Orders the Commission of the European Communities to pay the costs at both instances.

---

(1)  OJ C 140, 23.6.2007.

1

---
# Official Journal C 72/2008

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 72 |
| | |
| English edition | Information and Notices | Volume 5118 March 2008 |

ISSN 1725-2423

Official Journal

of the European Union

C 72

English edition

Information and Notices

Volume 5118 March 2008

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2008/C 072/01 | Names and addresses of the Management and Scientific Authorities designated by the Member States in accordance with Article IX(1) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and referred to in Article 13(1) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein | 1 |
| 2008/C 072/02 | Places of introduction and export designated by Member States for Trade with third countries in accordance with Article VIII (3) of the Convention on International Trade in Endangered Species of wild Fauna and Flora and referred to in Article 12 of Council Regulation (EC) No 338/97 of 9 December 1996, on the protection of species of wild fauna and flora by regulating trade therein | 52 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2008/C 072/01

Names and addresses of the Management and Scientific Authorities designated by the Member States in accordance with Article IX(1) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and referred to in Article 13(1) of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein

1

2008/C 072/02

Places of introduction and export designated by Member States for Trade with third countries in accordance with Article VIII (3) of the Convention on International Trade in Endangered Species of wild Fauna and Flora and referred to in Article 12 of Council Regulation (EC) No 338/97 of 9 December 1996, on the protection of species of wild fauna and flora by regulating trade therein

52

---

| EN | |
| --- | --- |

EN
# Official Journal C 259/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.259.eng |
| --- | --- |
| Official Journal
  of the European Union | C 259 |
| | |
| English edition | Information and Notices | Volume 567 September 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.259.eng

Official Journal

of the European Union

C 259

English edition

Information and Notices

Volume 567 September 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 259/01 | Commission communication in the framework of the implementation of Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (Publication of titles and references of harmonised standards under Union harmonisation legislation)
   (1) | 1 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 259/02 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 | 11 |
| 2013/C 259/03 | Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (1) | 15 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 259/01

Commission communication in the framework of the implementation of Directive 94/9/EC of the European Parliament and of the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (Publication of titles and references of harmonised standards under Union harmonisation legislation)
   (1)

(Publication of titles and references of harmonised standards under Union harmonisation legislation)

1

NOTICES FROM MEMBER STATES

2013/C 259/02

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

11

2013/C 259/03

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) (1)

15

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
* After an examination of the briefs and the record, we have concluded that

oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See

Fed. R. App. P. 34(a)(2). 

# United States Court of Appeals

For the Seventh Circuit Chicago, Illinois 60604 Submitted July 15, 2005 * Decided July 18, 2005 Before Hon. JOHN L. COFFEY, Circuit Judge Hon. DANIEL A. MANION, Circuit Judge Hon. MICHAEL S. KANNE, Circuit Judge No. 03-4302 UNITED STATES OF AMERICA, Plaintiff-Appellee ,

v. CIRENIO C. RODRIGUEZ, Defendant-Appellant

. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division No. 03 CR 303 James F. Holderman, Judge. O R D E R Cirenio Rodriguez, a citizen of Mexico, was removed from the United States in 2000 after being convicted of attempted arson in 1992, theft in 1994, and possession of a firearm by a felon and aggravated battery in 1998. He returned to the United States without the permission of the Attorney General, and eventually was arrested in Illinois for possession of a firearm by a felon. A grand jury indicted him in 2003 UNPUBLISHED ORDER Not to be cited per Circuit Rule 53No. 03-4302 Page 2

on two counts of possession of a firearm by a felon, see 18 U.S.C. § 922(g)(1), and one count of being present in the United States without permission after being deported following conviction for an aggravated felony, see 8 U.S.C. § 1326(a), (b)(2). He pleaded guilty to the immigration charge pursuant to a written plea agreement that waived his right to appeal his conviction or sentence in exchange for concessions by the government. Despite that waiver Rodriguez appeals, arguing that the district court erred by sentencing him under the formerly mandatory guidelines regime, see United States v. Booker , 125 S. Ct. 738 (2005), and contending that a limited remand is warranted under

United States v. Paladino , 401 F.3d 471 (7th Cir. 2005). We cannot reach that issue, however, because his appeal waiver is enforceable. Nothing in Rodriguez’s plea agreement provides an “escape hatch” enabling him to appeal if the law changed to his benefit, and, as we recently held, Booker does not invalidate the parties’ bargain where there is no such express provision. See United States v. Bownes , 405 F.3d 634, 636 (7th Cir. 2005). Our opinion in United States v. Loutos , 383 F.3d 615 (7th Cir. 2004), which does not discuss the effect of the appeal waiver in that case, cannot be read as inconsistent with Bownes

. Rodriguez’s appeal is DISMISSED.
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

In re Andre Renor Evans

No. 06-19-00110-CR

Original Mandamus Proceeding

Opinion delivered by Justice Stevens, Chief 

Justice Morriss and Justice Burgess 

participating.

As stated in the Court’s opinion of this date, we find that the petition for writ of mandamus 

should be dismissed as moot. Therefore, we dismiss the petition.

RENDERED JULY 17, 2019

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
IB 

Union Calendar No. 406 

113TH CONGRESS 

2D SESSION H. R. 4318 

[Report No. 113–540, Part I] 

To amend the Endangered Species Act of 1973 to conform citizen suits 

under that Act with other existing law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2014 

Mr. HUIZENGA of Michigan (for himself, Mr. HASTINGS of Washington, Mrs. 

LUMMIS, Mr. AMODEI, Mr. BISHOP of Utah, Mr. COLLINS of Georgia, 

Mr. HARRIS, Mr. LANKFORD, Mr. LUETKEMEYER, Mr. NEUGEBAUER, 

Mr. SOUTHERLAND, Mr. THOMPSON of Pennsylvania, and Mr. VALADAO) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committee on the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

JULY 17, 2014 

Additional sponsors: Mr. LUCAS, Mr. COLE, Mr. FRANKS of Arizona, Mr. 

STOCKMAN, Mr. WALDEN, Mr. COTTON, Mr. GOSAR, Mr. CRAMER, Mr. 

MCCLINTOCK, Mr. TIPTON, Mr. POMPEO, Mr. TIBERI, Mr. JONES, Mr. 

HUELSKAMP, Mr. SMITH of Missouri, and Mr. PEARCE

JULY 17, 2014 

Reported from the Committee on Natural Resources 

JULY 17, 2014 

The Committee on the Judiciary discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 


tjames on DSK5VPTVN1PROD with BILLS
2 

•HR 4318 RH

A BILL 

To amend the Endangered Species Act of 1973 to conform 

citizen suits under that Act with other existing law, 

and for other purposes. 


tjames on DSK5VPTVN1PROD with BILLS
3 

•HR 4318 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Endangered Species 

5 Litigation Reasonableness Act’’. 

6 SEC. 2. AWARD OF LITIGATION COSTS TO PREVAILING PAR7 TIES IN ACCORDANCE WITH EXISTING LAW. 

8 Section 11(g)(4) of the Endangered Species Act of 

9 1973 (16 U.S.C. 1540(g)(4)) is amended by striking ‘‘to 

10 any’’ and all that follows through the end of the sentence 

11 and inserting ‘‘to any prevailing party in accordance with 

12 section 2412 of title 28, United States Code.’’. 


tjames on DSK5VPTVN1PROD with BILLS
Union Calendar No. 406 

113TH CONGRESS 

2D SESSION H. R. 4318 

[Report No. 113–540, Part I] 

A BILL 

To amend the Endangered Species Act of 1973 to 

existing law, and for other purposes. conform citizen suits under that Act with other 

JULY 17, 2014 

Reported from the Committee on Natural Resources 

JULY 17, 2014 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


tjames on DSK5VPTVN1PROD with BILLS
STATE of North Carolina v. Anthonio Shontari FARRAR

No. COA16-679

Court of Appeals of North Carolina.

Filed: March 21, 2017

VACATED AND REMANDED.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0000921052
<NAME>                        WNC CALIFORNIA HOUSING TAX CREDITS IV LP, SERIES 4
<MULTIPLIER>                                   1
<CURRENCY>                                     US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<EXCHANGE-RATE>                                1
<CASH>                                             760,343
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   760,343
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                   7,807,157
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                       7,652,632
<TOTAL-LIABILITY-AND-EQUITY>                     7,807,157
<SALES>                                                  0
<TOTAL-REVENUES>                                    46,032
<CGS>                                                    0
<TOTAL-COSTS>                                       74,970
<OTHER-EXPENSES>                                   750,114
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                   (779,052)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (779,052)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (779,052)
<EPS-BASIC>                                       (67.07)
<EPS-DILUTED>                                            0



</TABLE>
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 accompanying Report of Dolphin Digital Media, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, William O’Dowd IV, Principal Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my 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 fully presents, in all material respects, the financial condition and results of operations of the Company.






August 22, 2011
By:
/s/ William O’Dowd IVWilliam O’Dowd IVPrincipal Executive Officer
Martin T. SLAUGHTER v. Nicole B. SLAUGHTER

No. 324P17

Supreme Court of North Carolina.

November 14, 2017

Ralph S. Pennington, Attorney at Law, Wilmington, J. Albert Clyburn, Attorney at Law, for Slaughter, Martin T.

John M. Martin, Attorney at Law, Winterville, Alexander C. Dale, Attorney at Law, Wilmington, for Slaughter, Nicole B.

***ORDER***

Upon consideration of the conditional petition filed on the 9th of October 2017 by Plaintiff 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:

"Dismissed as moot by order of the Court in conference, this the 14th of November 2017."
# Official Journal C 161/18 J

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 161 |
| | |
| English edition | Information and Notices | Volume 4718 June 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 161

English edition

Information and Notices

Volume 4718 June 2004

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 161/1 | Euro exchange rates | 1 |

Notice No

Contents

page

I   Information

Commission

2004/C 161/1

Euro exchange rates

1

---

| | III   Notices |
| --- | --- |
| | European Parliament |
| 2004/C 161/2 | Call for proposals (No VIII-2004/01) — Budget line 3710 ‘Contributions to European political parties’ | 2 |
| 2004/C 161/3 | Call for proposals (No VIII-2005/01) — Budget line 3710 ‘Contributions to European political parties’ | 5 |
| | Commission |
| 2004/C 161/4 | Cancellation of a Restricted Call for Proposals in the fields of Justice and Home Affairs | 8 |
| 2004/C 161/5 | Notice of call for proposals — Action against antipersonnel landmines — EuropeAid/119924/C/G | 9 |

III   Notices

European Parliament

2004/C 161/2

Call for proposals (No VIII-2004/01) — Budget line 3710 ‘Contributions to European political parties’

2

2004/C 161/3

Call for proposals (No VIII-2005/01) — Budget line 3710 ‘Contributions to European political parties’

5

Commission

2004/C 161/4

Cancellation of a Restricted Call for Proposals in the fields of Justice and Home Affairs

8

2004/C 161/5

Notice of call for proposals — Action against antipersonnel landmines — EuropeAid/119924/C/G

9

---

| | |
| --- | --- |
| 2004/C 161/6 | Notice | s3 |

2004/C 161/6

Notice

s3

---

| EN | |
| --- | --- |

EN