to download Telecom Italia Annual Report 2011 - Company Reporting
to download Telecom Italia Annual Report 2011 - Company Reporting
to download Telecom Italia Annual Report 2011 - Company Reporting
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Federazione Anti Pirateria Audiovisiva (FAPAV)<br />
In June 2010, the antipiracy group Federazione Anti Pirateria Audiovisiva (FAPAV) issued proceedings<br />
against <strong>Telecom</strong> <strong>Italia</strong> in the Rome Court for compensation of the presumed damages (quantified at 320<br />
million euros) resulting from its non-prevention of the illicit <strong>download</strong>ing of films by cus<strong>to</strong>mers of the<br />
<strong>Company</strong> accessing certain websites. According <strong>to</strong> the claimant, <strong>Telecom</strong> <strong>Italia</strong> did not adopt the<br />
necessary technical and administrative measures <strong>to</strong> prevent the illegal use of its network. Fapav also<br />
asked that the <strong>Company</strong> provide the Judicial Authorities with information identifying the cus<strong>to</strong>mers<br />
involved in the alleged unlawful activities.<br />
These proceedings follow a precautionary procedure at the end of which the Rome Court excluded both<br />
the liability of <strong>Telecom</strong> <strong>Italia</strong> in relation <strong>to</strong> the information carried, and the obligation <strong>to</strong> suspend the<br />
internet access service of which <strong>Telecom</strong> <strong>Italia</strong> is merely a supplier. The Court limited itself <strong>to</strong> ordering<br />
the <strong>Company</strong> <strong>to</strong> supply all the information in the <strong>Company</strong>’s possession on the alleged unlawful activity,<br />
apart from information identifying the subjects involved.<br />
<strong>Telecom</strong> <strong>Italia</strong>, which has already complied with the order, entered an appearance in this case, asking<br />
that the claims of the other party be rejected in their entirety. The <strong>Italia</strong>n association of authors and<br />
publishers, SIAE, joined these proceedings <strong>to</strong> support FAPAV’s argument.<br />
WIND<br />
In a writ issued in January 2012 Wind issued proceedings against <strong>Telecom</strong> <strong>Italia</strong> for compensation of<br />
alleged damages (quantified in 90 million euros) deriving from alleged unfair competition caused by the<br />
refusal <strong>to</strong> activate service requests in the period July 2009 - Oc<strong>to</strong>ber 2010; the plaintiff's main<br />
statement alleges that such strategy of unfair competition was enacted by <strong>Telecom</strong> <strong>Italia</strong> both through<br />
alleged “technical boycotting” of service activation requests, and through offers and discounts tailored<br />
<strong>to</strong> cus<strong>to</strong>mers interested in Wind' s offers. Such conduct, with which <strong>Telecom</strong> <strong>Italia</strong> is charged, has<br />
already been the subject of grievance by Wind and Fastweb before the Anti-trust authority, which<br />
initiated proceedings A428. <strong>Telecom</strong> <strong>Italia</strong> is filing an appearance contesting the claims of the other<br />
party.<br />
EUTELIA and VOICEPLUS<br />
In June 2009, Eutelia and Voiceplus asked that alleged acts of abuse by <strong>Telecom</strong> <strong>Italia</strong> of its dominant<br />
position in the premium services market (based on the public offer of services provided through socalled<br />
Non Geographic Numbers) be investigated. The complainants quantified their damages at a <strong>to</strong>tal<br />
of approximately 730 million euros.<br />
The case follows a precautionary procedure in which the Milan Appeal Court prohibited certain<br />
behaviours relating <strong>to</strong> the management of the <strong>Company</strong>’s financial relations with Eutelia and Voiceplus<br />
concerning the Non Geographic Numbers for which <strong>Telecom</strong> <strong>Italia</strong> managed the revenues from the end<br />
cus<strong>to</strong>mers, on behalf of such OLOs and in the light of regula<strong>to</strong>ry requirements. <strong>Telecom</strong> <strong>Italia</strong> filed an<br />
appearance, asking that the demand for compensation be rejected in its entirety.<br />
TELEUNIT<br />
With a writ issued in Oc<strong>to</strong>ber 2009 before the Milan Appeal Court, Teleunit asked for alleged acts of<br />
abuse by <strong>Telecom</strong> <strong>Italia</strong> of its dominant position in the premium services market <strong>to</strong> be investigated. The<br />
complainant quantified its damages at a <strong>to</strong>tal of approximately 362 million euros. <strong>Telecom</strong> <strong>Italia</strong> filed an<br />
appearance, contesting the claims of the other party.<br />
POSTE<br />
There are some pending actions brought Ing. C. Olivetti & C. S.p.A. (now <strong>Telecom</strong> <strong>Italia</strong>) against Poste,<br />
the <strong>Italia</strong>n postal service, concerning non-payment by Poste of services rendered under a series of<br />
contracts <strong>to</strong> supply IT goods and services. The judgements issued in the lower court established an<br />
outcome that was partially favourable <strong>to</strong> the ex-Olivetti, and have been appealed against by Poste in<br />
individual rehearings.<br />
In this respect, while a judgement of the Rome Appeal Court confirmed one of the outstanding payables<br />
<strong>to</strong> <strong>Telecom</strong> <strong>Italia</strong>, another judgement by the same Court declared void one of the disputed contracts.<br />
After this judgement, Poste issued a writ for the return of approximately 58 million euros, opposed by<br />
<strong>Telecom</strong> <strong>Italia</strong> S.p.A. Separate Financial Statements<br />
Note 22 – Contingent liabilities, other information, commitments and<br />
guarantees<br />
391
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