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

Half-yearly financial report at June 30, 2013Other informationCourt of Brescia in Council Chambers, general docket 4321/2012, petition to appointan official receiver pursuant to article 2487 of the Civil Code.The directors of ASM Novara S.p.A. - Paolo Rossetti, Michele De Censi and Lorenzo Spadoni -and the shareholder A2A S.p.A. filed a petition at the Court of Brescia to appoint an officialreceiver after having certified with the resolution of October 26, 2012 the existence of thereasons for liquidating the company under article 2484 of the Italian civil code, section 1 no. 3)(inability of the shareholders’ meeting to function) and no. 4 (decrease below the minimumlegal requirements of share capital due to losses).After meeting in chambers on January 11, 2013, the Court of Brescia issued a decree in which itrejected the petition.Court of Appeal in Council Chambers, general docket 4321/2012, appeal against thedecree of January 11, 2013 regarding the petition to appoint an official receiverpursuant to article 2487 of the Civil Code.136The directors of ASM Novara S.p.A. - Paolo Rossetti, Michele De Censi and Lorenzo Spadoni -and the shareholder A2A S.p.A. filed a claim pursuant to article 739 of the Italian code of civilprocedure to revoke the decree and seek certification of the reasons for the liquidation of thecompany, while determining with recourse the number of official receivers.The date of the hearing was set for March 20, 2013. At that hearing the parties filed briefs andthe case was adjourned to April 24, 2013.On April 24, 2013 in coming to its decision the Court of Appeal fully upheld the claim. In particular,the Court observed that the petitioners’ claims hit the mark because (i) there are no limits to thedirectors’ powers in the prorogation period; (ii) the surviving directors took immediate action tocause the shareholders’ meeting to appoint the new board of directors, then registering thenotary deed by which the winding up of the company was resolved; (iii) a reason for winding upthe company exists, under article 2484, paragraph 1 no. 3 of the Italian civil code (with theremaining reason for winding up the company being absorbed).The Court therefore proceeded in accordance with article 2487, paragraph 2 of the Italian civilcode, appointing Dr. Alberto Facella as the company’s receiver who has been granted all thepowers required for ordinary and extraordinary administration.The company and the shareholder are represented by Attorney Zimmitti.