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

Half-yearly financial report at June 30, 2013Other informationBased on the opinion of its tax advisors and experts in EC law, ASM S.p.A. pointed out to theBrescia Tax Revenue Office that the communication-injunction that it had received wascontrary to the provisions of this decree both in content and in amount.At the same time ASM S.p.A. appealed to the Brescia Court for this injunction to be declarednull and void; it also asked for a court order suspending payment.On May 23 the Tax Revenue Office acknowledged that ASM S.p.A.’s arguments were correct andcancelled the communication-injunction to pay. In the light of the uncertainty regarding theoutcome of the appeals and the ways in which the Commission’s Decisions would be applied, thecompany believes it possible, but not probable, that it risks having to return all of the aid receivedif the result of the entire appeal procedure turns out to be negative: consequently no provisionhas been made for this matter in the financial statements.Pending a decision on the question, the shareholders’ meeting of ASM S.p.A. has resolved notto consider distributable an amount of 13 million euro representing a portion of the availablereserves formed during the period of the “tax moratorium”.114On April 30, 2009 the Tax Revenue Office notified two assessments, issued under article 24 ofDecree Law no.185/2008, for the recovery of alleged State aid to the former ASM S.p.A. statedto be in conflict with EC regulations. Appeals against these assessments were filed with theMilan Provincial Tax Commissioners. The oral hearing was held on September 19, 2011 and thefiled appeals were all rejected, after combination, by Sentence no. 222/09/11. The companyfiled a timely appeal against that sentence.Under current regulations the amount requested, 41.6 million euro, had to be paid withinthirty days of the provision being notified and A2A S.p.A. accordingly made the payment onMay 8, 2009.As mentioned, on October 2, 2009 the Tax Authorities notified two assessments, issued underarticle 19 of Decree Law no. 135/2009, for the further recovery of alleged State aid to theformer ASM S.p.A. that is stated to be in conflict with EC regulations.Having paid a total of 35.8 million euro on October 22, 2009 - to avoid the charges involved inbeing entered on the tax rolls and the accrual of further interest - the company appealedagainst these notices before the Milan Provincial Tax Commission, which - after combinationwith those relating to ASM S.p.A. - discussed the merit of the case on January 19, 2010 andupheld the appeals with Sentence no. 137/01/10. Following this sentence A2A S.p.A. requestedthe Tax Revenue Office to return the sums paid as a refund of the alleged “State Aid” but hasyet to receive a reply.