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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 appeal will go through the reasons already described in the concurrent appeals(frequently postponed); the appeal also contains an applic<strong>at</strong>ion not to summons thecompany’s corpor<strong>at</strong>e bodies for due hearing, to call a shareholders’ meeting with the chairbeing given to Massimo Pessina or Guido Stefanelli or a person design<strong>at</strong>ed by them and, toavoid any influence arriving from the shareholder <strong>A2A</strong> S.p.A., to hold the meeting <strong>at</strong> Pessina’sregistered office.At the hearing of May 26, <strong>2013</strong>, in the presence of Mr. Rosetti, the members of the board ofst<strong>at</strong>utory auditors and the receiver, Pessina’s lawyer reiter<strong>at</strong>ed the requests, asking the Court tocall a shareholders’ meeting to revoke the liquid<strong>at</strong>ion and appoint new directors.In the light of the Court of Appeal order to appoint a receiver, the Court indic<strong>at</strong>ed th<strong>at</strong> it wasthe receiver who should call a shareholders’ meeting.The Court noted th<strong>at</strong> there were no longer any m<strong>at</strong>ters under dispute and th<strong>at</strong> each party shouldpay their own legal costs.138Arbitr<strong>at</strong>ion initi<strong>at</strong>ed by Pessina Costruzioni against ASM Novara S.p.A.In note 28 of February <strong>2013</strong>, Attorney Pierluigi Tirale, as Sole Arbitr<strong>at</strong>or appointed by theBrescia College of Notaries <strong>at</strong> the request of Pessina Costruzioni in execution of the company’sbylaws asked Pessina Costruzioni and ASM Novara S.p.A. whether the parties would like toiniti<strong>at</strong>e the proceeding or defer the initi<strong>at</strong>ion of the arbitr<strong>at</strong>ion to the outcome of the ruling ofthe Court on the above-mentioned summons, whose first hearing is set for May 9, <strong>2013</strong>.Through its chairman Mr. Rossetti, ASM Novara S.p.A. asked the Sole Arbitr<strong>at</strong>or for news andinform<strong>at</strong>ion about the establishment of jurisdiction. On April 11, <strong>2013</strong>, the company receivedfrom the arbitr<strong>at</strong>or the request for appointment drawn up by Pessina and made to the collegeof notaries as fulfillment of the requirement of the bylaws. By means of subsequentcorrespondence Pessina notified the Sole Arbitr<strong>at</strong>or th<strong>at</strong> it wished to wait for the sentence <strong>at</strong>the end of proceeding no. RG 223/13.The company is assessing wh<strong>at</strong> action it should take.* * *Arbitr<strong>at</strong>ion initi<strong>at</strong>ed by Pessina Costruzioni against <strong>A2A</strong> S.p.A.On March 29, <strong>2013</strong> Pessina Costruzioni notified <strong>A2A</strong> S.p.A. of the appointment of the arbitr<strong>at</strong>orand the deposition with the arbitr<strong>at</strong>ors to initi<strong>at</strong>e the arbitr<strong>at</strong>ion, in fulfillment of theshareholders’ agreements signed in August 2007, with the scope of having <strong>A2A</strong> S.p.A. orderedto pay compens<strong>at</strong>ion for damages for the non-fulfillment of its oblig<strong>at</strong>ions under theagreements.

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