Half-yearly financial Report at June 30, 2013 - A2A

Half-yearly financial report at June 30, 2013Other informationFormer ASM S.p.A. (merged into A2A S.p.A. from January 1, 2008)ASM S.p.A. has also challenged the decision before the Court of First Instance in Luxembourgwith an appeal filed on its own account on January 2, 2003 and ad adiuvandum in support ofAEM S.p.A. and AMGA S.p.A..ASM moreover considered that the European Commission’s decision no. 2003/293/EC of July5, 2002 was not applicable because of the particular nature of its situation: during the periodunder consideration the services provided by ASM S.p.A. in its areas of operations were notopen to the market or free competition.On January 6, 2003 the Commission filed an objection claiming that it could not accept theappeal. ASM S.p.A. promptly replied before the legal deadline. The Court set the meetingconcerning the objection claiming that it could not accept the appeal on the merit by orderdated August 5, 2005.On February 28, 2008 the Court of First Instance communicated to ASM S.p.A its intention tocombine (only for the oral phase) the various lawsuits being brought by ASM S.p.A.,Confservizi, other majority-held public sector commercial companies and the Italian State,asking for the opinions of the parties concerned. ASM S.p.A. communicated to the Court thatit would welcome such a move to combine the various lawsuits.113The final hearing was held on April 16, 2008, and by a ruling dated June 11, 2009 the Court ofFirst Instance declared that the appeal filed by AEM S.p.A. was admissible, but rejected it onmerit - as for those filed by the other appellants - taking the view that the measure in questionconstituted State aid that was prohibited under article 87.1 of the EC Treaty, thereforeconfirming the decision taken by the Commission. With Sentence C 320/09 P published onDecember 21, 2011 the European Court of Justice turned down the appeal made by A2A S.p.A.(a similar rejection was made of the parallel appeals filed by other former municipalcompanies).The companies of the ASM Group involved in the recovery procedure (ASM S.p.A., also onbehalf of the merged BAS S.p.A. and Azienda Servizi Valtrompia S.p.A), in accordance with therequest contained in article 27 of Law no. 62 of April 18, 2005, sent the declaration required byarticle 27 of said law for each of the periods affected by the tax moratorium.BAS S.p.A. Bergamo, which was merged with effect from May 18, 2005, and Azienda ServiziValtrompia S.p.A had negative taxable income during the years in which the moratoriumapplied and so it is probable that no tax will be due.In April 2007 ASM S.p.A. received notification of the communication-injunction under article1 of Legislative Decree no. 10/2007 from the Brescia Tax Revenue Office for the periods 1998and 1999.