2011 Annual Report - Italcementi Group
2011 Annual Report - Italcementi Group
2011 Annual Report - Italcementi Group
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<strong>2011</strong> <strong>Annual</strong> <strong>Report</strong><br />
Presentation 4<br />
General information 15<br />
<strong>Annual</strong> <strong>Report</strong> Consolidated <strong>Annual</strong> <strong>Report</strong> Directors’ report 28<br />
Extraordinary session <strong>Italcementi</strong> S.p.A. <strong>Annual</strong> <strong>Report</strong> Consolidated financial statements 63<br />
20. Provisions<br />
Non-current and current provisions totaled 250,783 thousand euro at December 31, <strong>2011</strong>, an increase of 6,006<br />
thousand euro from December 31, 2010, as follows:<br />
December 31, Additions Decreases Reversed Translation Other changes Total changes December 31,<br />
2010<br />
unused differences and reclassifications<br />
<strong>2011</strong><br />
(in thousands of euro)<br />
amounts<br />
Environmental restoration 84,896 11,612 (8,140) (948) (244) 4,594 6,874 91,770<br />
Disputes 88,871 15,723 (15,922) (4,139) (1,323) 11,158 5,497 94,368<br />
Other provisions 71,010 13,957 (18,541) (9,759) (178) 8,157 (6,365) 64,645<br />
Total 244,777 41,291 (42,602) (14,846) (1,745) 23,909 6,006 250,783<br />
Non-current portion 241,240 41,034 (39,223) (14,846) (1,590) 22,176 7,550 248,790<br />
Current portion 3,537 257 (3,379) - (155) 1,733 (1,544) 1,993<br />
“Disputes” reflects provisions for fiscal risks deemed probable as a result of tax audits and adjustments to tax<br />
returns, provisions for disputes with employees and provisions for restoration of urban and industrial areas.<br />
“Other changes and reclassifications” refers mainly to Calcestruzzi group provisions after consolidation on<br />
January 1, <strong>2011</strong>.<br />
Contingent liabilities<br />
The main contingent liabilities relating to disputes and proceedings pending at December 31, <strong>2011</strong>, for which<br />
amounts were not provided, are described below. The <strong>Group</strong> is not aware of other disputes, legal controversies<br />
or other exceptional facts that might have a material impact on its financial position, results and operations.<br />
Europe<br />
Regarding the investigation begun in November 2008 by the European Commission into some cement<br />
producers, including <strong>Italcementi</strong> S.p.A. and the subsidiaries Ciments Français S.A., Ciments Calcia S.A. and<br />
Compagnie des Ciments Belges S.A., in December 2010 the European Commission notified the decision for<br />
the formal opening of the proceeding to Italmobiliare S.p.A. (and, indirectly through Italmobiliare, to the abovenamed<br />
<strong>Group</strong> companies and the Spanish subsidiary Financiera Y Minera).<br />
In April <strong>2011</strong>, the Commission served a further formal notice on Italmobiliare of its decision to request extensive<br />
additional economic, financial and commercial information. Italmobiliare provided the information within the<br />
required term and, simultaneously, lodged an appeal with the EU General Court against the decision. Both the<br />
investigation and the proceedings are still underway.<br />
Regarding the proceeding begun in 2009 by the General Directorate of the Belgian Competition Authority<br />
against cement producers (including Compagnies des Ciments Belges (CCB), no further developments have<br />
taken place after the charges were formally notified in April 2010. The parties exchanged briefs and hearings<br />
took place. The Belgian Competition Authority is expected to make a decision in the first half of 2012.<br />
Turkey<br />
As a result of the non-closure of the 2008 agreement for the sale of the Turkish operations (Set <strong>Group</strong>) by<br />
Ciments Français to Sibcem, a number of proceedings are pending.<br />
Sibconcord, the main shareholder of Sibcem, has begun a proceeding in Russia to annul the agreement. On<br />
September 26, <strong>2011</strong>, the ruling annulling the contract obtained in first instance by Sibconcord against which<br />
Ciments Français filed an appeal become effective. After an unsuccessful petition to the regional court of<br />
cassation, Ciments Français filed an appeal with the Russian Supreme Court. In December <strong>2011</strong>, on the basis<br />
105<br />
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