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Fiat Group - Consolidated Financial Statements and Notes - Fiat SpA

Fiat Group - Consolidated Financial Statements and Notes - Fiat SpA

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The warranty provision represents the best estimate of commitments given by the <strong>Group</strong> for contractual, legal, or constructive obligations arising from<br />

product warranties given for a specified period of time beginning at the date of sale to the end customer. This estimate has been calculated considering<br />

the <strong>Group</strong>’s past experience <strong>and</strong> specific contractual terms. The provision also includes management’s best estimate of the costs that are expected to be<br />

incurred in connection with product defects that could result in a general recall of vehicles, which is estimated by making an assessment of the historical<br />

occurrence of defects on a case-by-case basis.<br />

The restructuring provision at 31 December 2011 consists of termination benefits of €208 million payable to employees in connection with restructuring<br />

plans, manufacturing rationalisation costs of €26 million <strong>and</strong> other costs of €106 million. These provisions relate to business restructuring programs in<br />

the following sectors (in € million): Chrysler 116, <strong>Fiat</strong> <strong>Group</strong> Automobiles 110, Components 50, <strong>Fiat</strong> Powertrain 15, Production Systems 8, Metallurgical<br />

Products 4, other sectors 37.<br />

The restructuring provision for Continuing Operations at 31 December 2010 consisted of termination benefits of €162 million payable to employees in<br />

connection with restructuring plans, manufacturing rationalisation costs of €27 million <strong>and</strong> other costs of €13 million. These provisions related to business<br />

restructuring programs in the following sectors (in € million): <strong>Fiat</strong> <strong>Group</strong> Automobiles 88, Components 48, <strong>Fiat</strong> Powertrain 17, Production Systems 10,<br />

Metallurgical Products 7, other sectors 32.<br />

The provision for other risks represents the amounts provided by the individual companies of the <strong>Group</strong> in connection mainly with contractual <strong>and</strong><br />

commercial risks <strong>and</strong> disputes. Details of this item are as follows:<br />

(€ million) At 31 December 2011 At 31 December 2010 (*)<br />

Sales incentives 2,288 378<br />

Legal proceedings <strong>and</strong> other disputes 608 535<br />

Commercial risks 400 277<br />

Environmental risks 41 33<br />

Indemnities 66 60<br />

Other reserves for risk <strong>and</strong> charges 1,301 739<br />

Total Other risks<br />

(*) The amounts relate to Continuing Operations.<br />

4,704 2,022<br />

A description of these follows:<br />

Sales incentives - this provision relates to sales incentives that are offered on a contractual basis to the <strong>Group</strong>’s dealer networks, primarily on the basis<br />

of that dealers will achieve a specific cumulative level of sales transactions during the calendar year. This provision is estimated based on the information<br />

available regarding the sales made by the dealers during the calendar year. The provision also includes sales incentives such as cash rebates announced<br />

by the <strong>Group</strong> <strong>and</strong> provided by dealers to customers, for which the dealers are reimbursed. The <strong>Group</strong> records this provision when it is probable that the<br />

incentive will be provided <strong>and</strong> the <strong>Group</strong>’s inventory is sold to its dealers. The <strong>Group</strong> estimates this provision based on the expected use of these rebates<br />

with respect to the volume of vehicles that has been sold to the dealers.<br />

Legal proceedings <strong>and</strong> other disputes - this provision represents management’s best estimate of the liability to be recognised by the <strong>Group</strong> with regard to:<br />

Legal proceedings arising in the ordinary course of business with dealers, customers, suppliers or regulators (such as contractual or patent disputes).<br />

Legal proceedings involving claims with active <strong>and</strong> former employees.<br />

Legal proceedings involving different tax authorities.<br />

None of these provisions is individually significant. Each <strong>Group</strong> company recognises a provision for legal proceedings when it is deemed probable<br />

that the proceedings will result in an outflow of resources. In determining their best estimate of the liability, each <strong>Group</strong> company evaluates their legal<br />

proceedings on a case-by-case basis to estimate the probable losses that typically arise from events of the type giving rise to the liability. Their estimate<br />

takes into account, as applicable, the views of legal counsel <strong>and</strong> other experts, the experience of the <strong>Group</strong> <strong>and</strong> others in similar situations <strong>and</strong> the<br />

<strong>Group</strong>’s intentions with regard to further action in each proceeding. <strong>Fiat</strong>’s consolidated provision combines these individual provisions established by<br />

each of the <strong>Group</strong>’s companies.<br />

209<br />

<strong>Consolidated</strong><br />

<strong>Financial</strong> <strong>Statements</strong><br />

at 31 December 2011

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