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

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Half-yearly financial report at June 30, 2013Other informationquestion, which is currently carried at 2,784 thousand euro in the balance sheet, and possiblecosts associated with restoring the area.With reference to the same plant, the Municipality of Lacchiarella appealed against theLombardy Region and the Province of Pavia to obtain the cancellation of the integratedenvironmental authorization (AIA) and (positive) environmental impact assessment (VIA)measures issued by the bodies regarding the building of a bioreactor (by Ecodeco S.r.l. nowA2A Ambiente S.r.l.) for non-hazardous waste in Cascina Maggiore - Giussago (PV). The appealproposed subsequent additional reasons to extend the appeal to other acts related to theproceedings and broaden the list of bans. The Province of Milan intervened voluntarily in thecase to support the claims of the Municipality of Lacchiarella.Following the hearing on December 5, 2011, at which the application for interim reliefsubmitted by the municipality was also discussed, ordinance no. 1826 of December 6, 2011 wasinitially pronounced and then Sentence no. 68 of January 11, 2012 was published. The sentencerejected the appeal and the additional reasons included in such, in that it was late. Thissentence was challenged before the Council of State (n.r.g. 2364/12). Subsequently anapplication was filed for interim relief. After rejecting the request for cautionary measuresprior to the case, in chambers on April 9, 2013 the judge ordered an adjournment to the meritsof the discussion of the case. The hearing has been set for November 19, 2013.131On January 19, 2012 the Municipality of Lacchiarella therefore notified a further appeal (n.r.g.373/12: for which a date for the hearing has not yet been set) against ARPA Lombardia, theRegion of Lombardy and other public administrations (and against Ecodeco S.r.l. now A2AAmbiente S.r.l.) to challenge ruling no. 155384 of November 18, 2011, whereby ARPA, havingverified the plant’s compliance with the prescriptions laid down in the relative authorizationdocuments, gave its permission, pursuant to article 9 of Legislative Decree no. 36/03, to thestart of disposal operations at the bioreactor. The setting of a hearing is pending.Union Temporal De Impresas v. the Municipality of Calig (Spain)This proceeding involves the Union Temporal De Impresas (UTE) set up by Ecodeco S.r.l.,(now A2A Ambiente S.r.l.), Azhar and Teconma to build and manage an ITS treatment anddisposal plant and composting line in Castellon de la Plana (Spain), as the result of beingawarded the tender called by Zone 1 Consortium of Castellon. The Municipality of Calig,neighboring with Castellon, has appealed against the amendment to the agreement betweenthe consortium and the UTE which provided for an increase in the fee of 121 million euro and140 million euro for adjusting the plants to the specifications required in the AIA, requestingthat it be annulled. In the sentence of the court of the first instance of May 21, 2013, the courtupheld the appeal of the Municipality of Calig, additionally ordering, besides upholding the
Half-yearly financial report at June 30, 2013Other informationrequests of the counterparty, the annulment of the original awarding of the tender to the UTEwith the resulting requirement for the consortium to find a new supplier.Despite the fact that Ecodeco S.r.l. (now A2A Ambiente S.r.l.) holds an interest of 1% in theUTE, under Spanish law, UTEs are characterized by the joint liability of their members.The UTE, defended by the law firm Urìa Mendez, has filed an appeal against the court’ssentence of June 12, 2013.132The internal legal department believes the risk of the annulment of the original award of thetender to the UTE to be remote (it was not even one of the counterparty’s requests) and therisk of losing in the matter concerning the amendment of the agreement between theconsortium and the UTE, which provided for an increase in the fee as above, to be possible.Losing the case would lead to a maximum potential risk for the UTE of 19 million euro. EcodecoS.r.l. (now A2A Ambiente S.r.l.), a member of the UTE with a 1% interest and jointly responsible,could be called to respond not only for its own interest but potentially also for a larger figureif the other members are insolvent towards the bank (it should be remembered that the UTEobtained a loan to build the plant). The figure of 19 million euro could then be further revisedin the light of the conclusions of the appeal filed by the UTE against this sentence of theRegional Administrative Court.To complete this matter approximately trade and financial receivables of 3.6 million euro duefrom the UTE are included in the financial statements of Ecodeco S.r.l. (now A2A AmbienteS.r.l.) at June 30, 2013, which in the case of losing could become uncollectable.Monfalcone Plant investigationIn November 2011, the Trieste Judicial Authority took restrictive action against severalindividuals in the Veneto, Friuli Venezia Giulia and Lombardy regions, including an employee ofthe Monfalcone thermoelectric plant, for criminal association aimed at defrauding the stateand private persons and conceptual falsity, as well as activities organized for illegal traffickingin waste.This investigation was initiated with a report filed in March 2011 by the management of the A2AGroup against A2A employees and third party businessmen suspected of being responsiblefor fraud carried out to the harm of the company itself, who - for the payment of conspicuoussums of money - guaranteed the disposal of special waste by illegal trafficking and thefalsification of forms identifying the waste and certificates of analysis, in relation to the supplyof biomasses and the certification of their calorific value. More specifically, biomass quantitieswere recorded on entry at figures higher than the real ones, with the relative calorific valuesalso being increased.
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IndipendentAuditor’s report
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Half-yearly financial Report at June 30, 2013 - A2A

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