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

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.