Ardagh Glass Finance plc - Irish Stock Exchange

In cases of non-compliance with or objection to the recognition of a U.S. judgment, or when it is
necessary to proceed with forceful execution, any person in interest may apply to the court of appeals
of the location of implementation for a determination of the existence of the pre-requisites above for
recognition. The U.S. judgment, jointly with the decision allowing the application referred to above,
constitutes entitlement to the implementation and forceful execution. If the objection to the U.S.
judgment is raised in the content of other proceedings pending in Italy, the decision on the objection is
made by the Italian judge with effect limited to those proceedings only.
The enforcement and, more in general, the use in Court of guarantees (‘‘fideiussioni’’), which have
been executed unilaterally by the guarantor or abroad, is currently subject to Italian registration tax
(governed by Presidential Decree—D.P.R. April 26, 1986, n. 131) at the rate of the 0.50% of the
guaranteed amount, unless such tax has already been previously paid.
In addition to the foregoing, the enforcement in Italy of a judgment issued by a foreign court,
similarly to judgments rendered by Italian Courts, are currently subject to Italian registration tax at the
following rates:
• 3% in case of judgments which contain the condemnation to the payment of sums or to the
delivery of assets not subject to Value Added Tax;
• 1% in case of judgments which ascertain rights having an economical value; and
• fixed fee of A168.00 in case of judgments different from those above indicated or which contain
the declaration of nullity or the voidance of any deed and other cases.
The following summary with respect to the enforceability of certain U.S. court judgments in
England is based upon advice provided to us by U.S. and English legal advisors. The United States and
England currently do not have a treaty providing for the reciprocal recognition and enforcement of
judgments (as opposed to arbitration awards) in civil and commercial matters. Consequently, 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 not automatically be
recognized or enforceable in England. In order to enforce any such U.S. judgment in England,
proceedings must first be initiated before a court of competent jurisdiction in England. In such an
action, the English court would not generally reinvestigate the merits of the original matter decided by
the U.S. court (subject to what is said below) and it would usually be possible to obtain summary
judgment on such a claim (assuming that there is no good defence to it). Recognition and enforcement
of a U.S. judgment by an English court in such an action is conditional upon (amongst other things)
the following:
• the U.S. court having had jurisdiction over the original proceedings according to English
conflicts of laws principles;
• the U.S. judgment being final and conclusive on the merits in the sense of being final and
unalterable in the court which pronounced it and being for a debt for a definite sum of money;
• the U.S. judgment not contravening English public policy;
• the U.S. judgment not being for a sum payable in respect of tax, or other charges of a like
nature in respect of a penalty or fine;
• the U.S. judgment not having been arrived at by doubling, trebling or otherwise multiplying a
sum assessed as compensation for the loss or damages sustained and not being otherwise in
breach of Section 5 of the Protection of Trading Interests Act 1980;
• the U.S. judgment not having been obtained by fraud or in breach of English principles of
natural justice;
194