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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>ionThe d<strong>at</strong>e of the hearing was set as February 14, <strong>2013</strong> and was then adjourned to March 7, <strong>2013</strong>due to the absence of the judge; <strong>at</strong> this hearing, the parties’ <strong>at</strong>torneys insisted on approvingthe conclusions and the judge reserved the right to make a decision <strong>at</strong> a l<strong>at</strong>er d<strong>at</strong>e. The Courtof Ferrara came to its decision in April <strong>2013</strong>, upholding the claim raised by ASM Novara S.p.A.as to the absence of jurisdiction of the Court of Ferrara, and accordingly dismissed theinjunction, remitting the decision on the costs to the court having jurisdiction. Within the nextthree months INCICO S.p.A. may initi<strong>at</strong>e the case again before the Court of Milan to assert itsclaims or may start new proceedings for the collection of the debt.The company is represented by Attorney B. Savorelli of Milan.General docket 1918/<strong>2013</strong> Court of Brescia summons to appeal the resolution taken bythe Board of Directors of ASM Novara S.p.A. on October 26, 2012The shareholder Pessina Costruzioni and the outgoing directors Massimo Pessina and GuidoStefanelli served notice of the summons to have the court declare null the resolution ofOctober 26, 2012 with which the Board of Directors of the company certified the existence ofreasons to liquid<strong>at</strong>e the company, pursuant to article 2484 of the Italian civil code, orderedpublic<strong>at</strong>ion of the resolution pursuant to article 2484 and issued a request to appoint theofficial receiver <strong>at</strong> the Court of Brescia pursuant to article 2487 of the Italian civil code.135The petition examines the motives illustr<strong>at</strong>ed in the memorandum of appearance in the civilaction filed by Pessina Costruzioni and by its outgoing directors Massimo Pessina and GuidoStefanelli, noting the errors of irregularity in the composition of the Board of Directorspassing the resolution and the errors in the certific<strong>at</strong>ion of the causes of liquid<strong>at</strong>ion, whichallegedly did not exist.The d<strong>at</strong>e of the hearing for discussion was set for May 9, <strong>2013</strong>. On May 8, <strong>2013</strong>, Pessina filed apetition calling for the precautionary suspension of the resolution of October 26, 2012. As aresult, <strong>at</strong> the hearing of May 9 the respondent requested a deadline, set by the court as <strong>June</strong>17, <strong>2013</strong>, granting a term for the lodging of a note until <strong>June</strong> 7, <strong>2013</strong>. Following this hearing, thecourt issued an order setting a new hearing for September 19, <strong>2013</strong> and rejected the requestfor a precautionary suspension due to a lack of legal standing given th<strong>at</strong> the resolution ofOctober 26, 2012 has produced its effects in full considering also the fact th<strong>at</strong> in the meantimea receiver has been appointed.The directors De Censi and Spadoni appear in this case represented by Attorney Zimmitti andASM Novara S.p.A. represented by Prof. Dammoto.

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