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offers, contractual profile changes, etc. except after regularisation. As a result of the actions taken, by<br />

the end of <strong>2011</strong> only 248 thousand sim-cards are still <strong>to</strong> be regularised (when regularisation activities<br />

commenced, approximately 5.5 million sim-cards were not correctly associated with an identity<br />

document and, at the beginning of <strong>2011</strong>, approximately 723 thousand cards were still <strong>to</strong> be<br />

regularised).<br />

At December, 31 <strong>2011</strong>, the investigations of the Milan Public Prosecu<strong>to</strong>r in<strong>to</strong> SIM cards with incorrect<br />

user registrations, previously examined in the Greenfield Project – the results of which were illustrated in<br />

the Annex <strong>to</strong> the 2010 Corporate Governance and Share Ownership report – and of the phenomenon<br />

also pointed out in the Greenfield Project reported by Deloitte Financial Advisory Services on irregular<br />

postponement of the natural expiry date (13 months after the last <strong>to</strong>p-up or other chargeable post-sales<br />

action) of approximately 2.5 million prepaid SIM cards, continued.<br />

In addition and in relation <strong>to</strong> a different affair, on March, 21 2012 <strong>Telecom</strong> <strong>Italia</strong> was served notice of<br />

the conclusion of the preliminary enquiries pursuant <strong>to</strong> art. 415 bis of the code of criminal procedure,<br />

from which it emerged that the <strong>Company</strong> is currently subject <strong>to</strong> investigation by the Milan Public<br />

Prosecu<strong>to</strong>r pursuant <strong>to</strong> Legislative Decree 231/2001 for the offences of receiving s<strong>to</strong>len goods (art.<br />

648 of the penal code) and fraud of which fourteen employees of the so-called "canale etnico" of<br />

<strong>Telecom</strong> <strong>Italia</strong> are charged, jointly with several dealers ( <strong>to</strong> a <strong>to</strong>tal of 99 individuals subject <strong>to</strong><br />

investigation for having made fake registrations of about 109,000 sim-cards).<br />

Within the sphere of the proceedings in question, the <strong>Company</strong> as the injured party damaged by such<br />

conduct, had brought an action and subsequent addition in the years 2008 and 2009 providing for the<br />

prompt suspension of the employees involved.<br />

As the injured party <strong>Telecom</strong> <strong>Italia</strong> will be bringing a civil action .<br />

c) Commitments and guarantees<br />

Guarantees for 12,617,033 thousand euros, net of back-<strong>to</strong>-back guarantees received for 196 thousand<br />

euros, by <strong>Telecom</strong> <strong>Italia</strong> on behalf of subsidiaries (of which 9,003,787 thousand euros relates <strong>to</strong><br />

<strong>Telecom</strong> <strong>Italia</strong> Capital, 3,394,199 thousand euros <strong>to</strong> <strong>Telecom</strong> <strong>Italia</strong> Finance, 61,419 thousand euros <strong>to</strong><br />

<strong>Telecom</strong> <strong>Italia</strong> Media, 57,183 thousand euros <strong>to</strong> Lan Med Nautilus and 54,799 thousand euros <strong>to</strong><br />

Telenergia).<br />

Purchase commitments outstanding at December, 31 <strong>2011</strong> amount <strong>to</strong> 172,000 thousand euros and<br />

refer mainly <strong>to</strong> commitments on long-term operating lease contracts. There are no sale commitments<br />

outstanding at December, 31 <strong>2011</strong>.<br />

The <strong>Company</strong> issued "weak" comfort letters, for a <strong>to</strong>tal of 385 thousand euros, on behalf of <strong>Telecom</strong><br />

<strong>Italia</strong> Sparkle North America on vendor financing (for the supply of goods and services).<br />

Guarantees were provided by third parties <strong>to</strong> Group companies for 3,301,216 thousand euros <strong>to</strong><br />

guarantee financing received (2,862,233 thousand euros) and performance under outstanding<br />

contracts (438,983 thousand euros, of which 45,231 thousand euros posted by Assicurazioni Generali).<br />

Among the other guarantees provided by third parties for <strong>Telecom</strong> <strong>Italia</strong> S.p.A.’s obligations are two<br />

guarantees in favour of the Ministry of Economic Development for the auction <strong>to</strong> assign the user rights<br />

for the 800, 1800 and 2600 MHz frequencies. The guarantees amount, respectively, <strong>to</strong> 37,810<br />

thousand euros (for the commitment undertaken by the <strong>Company</strong> <strong>to</strong> build equipment networks<br />

according <strong>to</strong> eco-sustainability characteristics) and 455,830 thousand euros (for the request <strong>to</strong> pay<br />

back the <strong>to</strong>tal amount owed over a period of 5 years).<br />

Details of the main guarantees received for EIB financing at December 31, <strong>2011</strong> are as follows:<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 />

393

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