Ardagh Glass Finance plc - Irish Stock Exchange

(b) the document introducing the proceedings was duly made known to the defendant in a timely
manner that allowed for adequate defense;
(c) the judgment is not contrary to (i) any prior judgment which became res judicata rendered by
a German court or (ii) any prior judgment which became res judicata rendered by a foreign
court which is to be recognized in Germany and the procedure leading to the respective
judgment is not in contradiction to any such prior judgment;
(d) the effects of its recognition will not be in conflict with material principles of German law,
including without limitation, fundamental rights under the constitution of Germany
(Grundrechte). In this context, it should be noted that any component of a U.S. federal or
state court civil judgment awarding punitive damages or any other damages which do not
serve a compensatory purpose, such as treble damages, will not be enforced in Germany. They
are regarded to be in conflict with material principles of German law;
(e) the reciprocity of enforcement of judgments is guaranteed; and
(f) the judgment became res judicata in accordance with the law of the place where it was
pronounced.
Enforcement and foreclosure based on U.S. judgments may be sought against German defendants
after having received an enforcement decision from a competent German court in accordance with the
above principles. Subject to the foregoing, investors may be able to enforce judgments in Germany in
civil and commercial matters obtained from U.S. federal or state courts. However, we cannot assure
you that those judgments will be enforceable. In addition, it is doubtful whether a German court would
accept jurisdiction and impose civil liability in an original action predicated solely upon U.S. federal
securities laws.
The following discussion with respect to the enforceability of certain U.S. court judgments in Italy
is based upon advice provided to us by our Italian legal advisors, Studio Avvocati Zappalà. The United
States and Italy currently do not have a treaty providing for the reciprocal recognition and enforcement
of judgments (other than arbitration awards) in civil and commercial matters.
Notwithstanding, a final judgment for payment rendered by any federal or state court in the
United States based on civil liability, whether or not predicated solely upon U.S. federal securities laws,
would be recognized by an Italian court subject to the following conditions:
(a) that the U.S. court could take cognizance of the case in accordance with the principles on
jurisdictional competence according to the Italian system;
(b) that the document introducing the proceedings was made known to the defendant in
conformity with the provisions of U.S. law and the essential rights of defense were not
infringed;
(c) that the parties entered appearances in the proceedings in accordance with U.S. law or their
failure to appear was declared in conformity with that law;
(d) that the judgment became res judicata in accordance with U.S. law;
(e) that the judgment is not contrary to another judgment rendered by an Italian judge and which
became res judicata;
(f) that no proceedings are pending before an Italian judge for the same matter and between the
same parties, which were initiated prior to the proceedings before the U.S. Court; and
(g) that its provisions do not produce effects contrary to Italian public policy.
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