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

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.