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

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Half-yearly financial report at June 30, 2013Other informationWhen preparing the 2009 annual report, it was decided in the interests of prudence tomaintain the book value of 88 million euro recognized for goodwill already disclosed as abalance sheet asset for the business transferred, booking a contra-entry to a provision forrisks and charges (under liabilities) of the same amount and recognizing ancillary charges of24 million euro in the same way.As the result of the need to reorganize the rolls, the case was rescheduled and the hearing for thestatement of the conclusions, originally planned for April 5, 2011, was deferred to September 18,2012.On this date, the parties detailed their respective conclusions and subsequently exchangedfinal statements and rejoinders. The Court adjourned the case and set aside its decision untilJanuary 15, 2013. On this date, it issued a decision to resume the preliminary cross examinationand renew the mandate of the court appointed expert. The expert’s assigned task was tomeasure the damage caused by the delay suffered by AEM, believing “to have merit the claimsmade by the appellant (A2A, editor’s note) as regards measuring the value of the transfer ofthe business unit as determined by the court of first instance, as well as regardingdisallowance of the damages due to the delay in the aforementioned transfer.”119Prof. Adriano Propersi was appointed by the court to act as its expert, while A2A S.p.A.designated Prof. Angelo Provasoli as its own expert witness. Prof. Propersi has until October30, 2013 to file his report and the hearing for subsequent discussion has been set forDecember 16, 2013. Until June 30, 2013, the experts acting for the two parties have exchangedfour technical memoranda in reply to subsequent questions raised by the court expert.Investigation into gas metering devicesAn investigation is pending at the Public Prosecutor’s Office in Trento concerning the way thatgas consumption is accounted for. The investigation involves, among others, a number of A2AGroup companies and some of their directors and managers The alleged offence is fraud, aswell as other matters.The investigation was initiated by the Milan Judicial Authority but then transferred to Bresciafor a question of territorial jurisdiction. After notification of the “Notice of the Conclusion ofPreliminary Investigations - article 415-bis of the Italian Criminal procedure code” datedFebruary 7, 2011, the “Notice of the Preliminary Hearing Date” was received on June 9, 2011regarding the committal for trial presented by the Public Prosecutor. The preliminary hearingwas held before the judge in charge of the preliminary investigations (Gip) on November 8,2011. The defense for the accused raised a preliminary exception claiming that the notificationof the decree containing the “Notice of the Preliminary Hearing Date” was null and void, given
Half-yearly financial report at June 30, 2013Other informationthat it did not include the CD with the list of “indicted” meters indicated in the decree as an“attachment forming a material part of the charge”. The Gip upheld the exception anddeclared the notification null and void. As a result the Public Prosecutor had to reissue the“Notification of the Conclusion of Preliminary Investigations - article 415-bis of the ItalianCriminal procedure code” and return to the previous stage in the proceedings. On January 4-9, 2012, the “Notification of the Conclusion of Preliminary Investigations - article 415-bis of theItalian Criminal procedure code” was reissued, this time with the CD.The preliminary hearing was held on October 18, 2012, at which the judge raised a preliminaryexception pursuant to article 11 of the criminal procedure code noting that at least twomagistrates, whose judicial offices are included within the district of the Brescia Appeal Court,are “injured parties” in the proceeding and asked the judge in charge of the preliminaryhearing (Gup), Dr. Napo, to declare the Brescia judicial authority acting beyond its jurisdiction.The defense agreed with the application. The Gup therefore declared that the case wasbeyond his jurisdiction and ordered the papers to be sent to the Public Prosecutor’s Office ofVenice. As a result of this provision the proceeding has returned to the initial stage.120However, as A2A Reti Gas S.p.A. had to carry out maintenance on certain plants sequestered aspart of the criminal proceeding in question, checks were carried out to identify theprosecuting magistrate in charge of the case at the Public Prosecutor’s Office of Venice. It waslearned from this that without giving notice of such to any of the attorneys of the personsunder investigation or to those persons themselves, in the meantime the proceeding had beentransferred from the Public Prosecutor’s Office of Venice (which presumably had identified asimilar case of lack of jurisdiction) to that of Trento, which has jurisdiction for proceedings inwhich a magistrate of the Public Prosecutor’s Office of Venice acts in a capacity as “injuredparty”. At the present moment, therefore, the proceeding, assigned index no. 838/2013, isbeing followed by the Trento Public prosecutor Pasquale Profiti, and is still, therefore, at theinitial stage of preliminary investigations.Arbitration initiated by Ecovolt for violation of the Quotaholders’ Agreement for theInvestment in Ostros Energia S.r.l. in liquidation (arbitration case no. 6309 initiatedby Ecovolt)On May 25, 2009 the minority quotaholders of Ostros Energia S.r.l. in liquidation initiatedarbitration proceedings under a settlement clause contained in the Investment Agreementsigned with ASM S.p.A. (now A2A S.p.A.) on January 30, 2007, with a view to establishing abreach of that agreement by A2A S.p.A. for having failed to finance the development of OstrosEnergia S.r.l. in liquidation and comply with the provisions of article 2.5 of the Agreement.
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Half-yearly financial Report at June 30, 2013 - A2A

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