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

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

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

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<strong>Half</strong>-<strong>yearly</strong> <strong>financial</strong> report <strong>at</strong> <strong>June</strong> <strong>30</strong>, <strong>2013</strong>Other inform<strong>at</strong>ionright to issue an order and demanded and obtained an extension of the deadline for filing itsdecision; pursuant to article 36 of the regul<strong>at</strong>ions of the Chamber of Arbitr<strong>at</strong>ion, the deadlinefor filing was set <strong>at</strong> <strong>June</strong> 28, <strong>2013</strong>. On <strong>June</strong> 11, <strong>2013</strong> the Board filed its decision, sent by theChamber of Arbitr<strong>at</strong>ion in a note of <strong>June</strong> 14, <strong>2013</strong>, in which it upheld the first request raised byEcovolt to order <strong>A2A</strong> S.p.A. to pay the consequential loss arising from the damage to the valueof the investment of Ecovolt in Ostros Energia S.r.l. in liquid<strong>at</strong>ion, quantifying this in 2.84million euro, on the basis of the expert’s report, rejected the other requests of Ecovolt and allthe requests of <strong>A2A</strong> S.p.A. and awarded legal expenses, taking into account th<strong>at</strong> both partieshad partially lost. The total cost, including interest through <strong>June</strong> 15, <strong>2013</strong> and the principalamounts to approxim<strong>at</strong>ely 3.14 million euro.The Company is represented by the legal firm Chiomenti.Arbitr<strong>at</strong>ion initi<strong>at</strong>ed by S.F.C. S.A. and Eurosviluppo Industriale S.p.A. against <strong>A2A</strong>S.p.A. and E.ON Europa S.L. for alleged non-fulfillment of the priv<strong>at</strong>e deed for thepurchase of the shares of Eurosviluppo Industriale S.p.A. (now Ergosud S.p.A.)On May 2 and May 3, 2011 respectively the Milan Arbitr<strong>at</strong>ion Chamber sent <strong>A2A</strong> S.p.A. (the holderof an interest of 50% in the share capital of Ergosud S.p.A.) and E.ON Europa S.L. (a formershareholder of Ergosud S.p.A. – the investment is currently held by E.ON Italia S.p.A.) a requestfor arbitr<strong>at</strong>ion in which Société Financiere Cremonese S.A. in conjunction with EurosviluppoIndustriale S.p.A. initi<strong>at</strong>ed an arbitr<strong>at</strong>ion procedure against such companies, requesting (i)ascertainment as to non-fulfillment by E.ON Europa S.L. and <strong>A2A</strong> S.p.A. of the oblig<strong>at</strong>ionsassumed in the agreements of December 16, 2004, October 15, 2004 and July 25, 2007 interpartes and (ii) by virtue of the effect, th<strong>at</strong> they be condemned to the payment of the remainingpart of the price for the sale of the shares making up the whole share capital of Ergosud S.p.A.,amounting to 10,000,000 euro, as well as compens<strong>at</strong>ion for the damages suffered by SociétéFinanciarie Cremonese S.A. and Eurosviluppo Industriale S.p.A. from the double standpoint ofthe consequential loss or damage and loss of profits in the amount of 126,496,496 euro, savebetter specific<strong>at</strong>ion, plus damages for the stoppage <strong>at</strong> the worksite, interest and revalu<strong>at</strong>ion.123E.ON Europa and <strong>A2A</strong> S.p.A. duly appeared before the court calling for the request to be rejectedin full and by cross-claim calling for the counterparts to be condemned to pay compens<strong>at</strong>ion forthe damages suffered by the defendants as the result of the numerous examples of contractualnon-fulfillment, quantified initially in the amount of <strong>30</strong>,500,000 euro or altern<strong>at</strong>ively the gre<strong>at</strong>eror lesser sum considered equitable, quantified also pursuant to article 1226 of the Italian civilcode, plus interest, ex article 1283 of the Italian civil code and monetary revalu<strong>at</strong>ion, ex article1284 of the Italian civil code.

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