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Erste Bank JPMorgan Merrill Lynch International

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Other threatened and pending court and arbitration proceedings<br />

Legal action by the Association for Consumer Information (Verein für Konsumenteninformation, VKI)<br />

In a class action suit, the Association for Consumer Information has objected to some of the<br />

clauses contained in Wiener Städtische AG’s standard contract terms (AVB) for traditional life<br />

insurance due to a violation of transparency requirements and has demanded that Wiener Städtische<br />

AG waive these clauses in the future. In the meantime, the suit has also been extended to Wiener<br />

Städtische AG’s standard contract terms for unit-linked life insurance.<br />

Not only Wiener Städtische AG but also other Austrian corporate Groups and most other large<br />

Austrian insurance companies use comparable clauses in their standard contract terms. VKI has also<br />

filed suits with similar content against UNION and other Austrian insurance companies. Wiener<br />

Städtische AG contests VKI’s standing to bring the lawsuit. Moreover, it considers the content of the<br />

suit to be unfounded, particularly in view of the fact that the contract clauses criticised by VKI as nontransparent<br />

or contrary to law are either made more specific by individual agreements or reflect<br />

provisions of law. No reliable information can be provided at the present time concerning the possible<br />

outcome of these proceedings.<br />

Kärntner Belegärzteverein — anti-trust proceedings<br />

The Kärntner Belegärzteverein (BAV) has filed an action with the Vienna Higher Regional Court<br />

(as anti-trust court) against Wiener Städtische AG and other Austrian insurance companies and<br />

various private clinics for alleged abuse of their dominant positions in the market and has petitioned<br />

that they be enjoined from certain actions and that they be found to have formed a prohibited cartel.<br />

Wiener Städtische AG considers BAV’s suit to be unfounded because the procedures under<br />

objection are common practice throughout the Austrian market and, therefore, there is no abuse. At<br />

the present time, it is not possible to provide any reliable information concerning the possible outcome<br />

of the proceedings.<br />

Guarantees<br />

The following explanatory notes are provided concerning the contingent liabilities not shown on<br />

the balance sheet: Letters of comfort exist for Businesspark Brunn Entwicklungs GmbH in the amount<br />

of EUR 799,000 in favour of Marktgemeinde Brunn am Gebirge relating to assumption of the costs for<br />

construction of an expressway junction and the development of the property. Furthermore, a written<br />

guarantee exists in favour of APC Geschäftscenter Betriebsges. m.b.H. in the amount of EUR 209,000<br />

as well as joint and several guarantee for loans taken out by COUNTRY INN VIC Hotelerrichtungsund<br />

Betriebsgesellschaft m.b.H. up to a total amount of EUR 10,850 million. The company has also<br />

provided guarantees for employee loan repayments to the employees’ savings and loan fund of<br />

“Wiener Städtische Allgemeine Versicherung Aktiengesellschaft” reg.Gen.m.b.H. in the amount of<br />

EUR 161,000. There is a letter of comfort in the amount of EUR 7,410 million in favour of Central<br />

Point IT-Solutions GmbH.<br />

F-206

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