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

Half-yearly financial report at June 30, 2013Other informationOn September 7, 2011, the Chamber of Arbitration officially suspended arbitration due to thenon-payment of the legal expenses by the claimant.Lawyers for A2A S.p.A and E.ON Europa S.L. are checking if arbitration can be continued onlyfor the counter-claim, without having to take responsibility for the payment of the claimant’sexpenses.With regard to payment of the legal fees by defendants A2A S.p.A and E.ON Europa S.L., andthe non-payment by claimants SFC S.A. and Eurosviluppo Industriale S.p.A., on December 2,2011 the secretary of the Chamber of Arbitration communicated that the claimants’applications had been extinguished and proceedings would continue only for the applicationspresented by A2A S.p.A. and E.ON Europa S.L.; in simultaneous letters, the secretary alsoadvised that all documentation had been sent to the arbitrators to allow the proceedings tocommence.124The Board consists of Giuseppe Portal (Chairman), Vincenzo Mariconda (arbitratorappointed by A2A S.p.A and E.ON Europa S.L.) and Giovanni Frau (arbitrator appointed by SFCS.A. and Eurosviluppo Industriale S.p.A.).On February 1, 2012 the first hearing was held after formalities had been completed regardingthe setting up of the Board at which it was stated that the terms for the questions originallyproposed by SFC S.A. and Eurosviluppo Industriale S.p.A. had lapsed. In addition, the partieswere assigned the dates by which pleading and replies should be filed and items of evidenceproduced. In particular, having become claimants from a substantial standpoint (wishing tocontinue with the case by counter-claim following the above-mentioned lapse of the counterparty’sterms), E.ON Europa S.L. and A2A S.p.A. were invited to note their questions andindicate their evidence by March 15, 2012; the subsequent dates for filing pleading were set asApril 16, 2012, May 8, 2012 and May 31, 2012.The date of the hearing was set for June 12, 2012 for the personal appearance of the parties inorder to make an attempt at reaching a settlement and for any informal questioning. At thehearing, adjourned to June 19, 2012, the Arbitration Board acknowledged the bankruptcy ofEurosviluppo Industriale S.p.A. which had occurred and set a date of October 30, 2012 for theappointment of a receiver and a date of November 20, 2012 for the hearing for the attempt toreach a settlement and carry out any informal questioning of the parties.In view of the intervening bankruptcy of Eurosviluppo Industriale and the process issuesraised during such declaration, the Board issued a decision dated November 13, 2012 orderingthat the hearing set for November 20, 2012 should not be devoted to an attempt at reaching asettlement and, therefore, would not include the presence of the parties. At the hearing onNovember 20, 2012, the Board set the deadline for filing the award as July 4, 2013; also, the