Annual Report 2010 - AdP

Joint administrative action via ordinary procedure instituted by Águas do Zêzere e Côa, S.A., asking that the court order the
Municipality of Fundão to pay invoices issued between August and October 2010, along with payment of respective overdue and
due interest in the total amount of 709,766.15 euros (seven hundred and nine thousand seven hundred and sixty-six euros and
fifteen cents) – Case no. 15/11.3BECTB, currently underway in the Castelo Branco Administrative and Tax Court. We are awaiting
contestation by the Municipality of Fundão.
Resiestrela, S.A.
Case no. 64/10.9BECTB do TAF of Castelo Branco – Executed: Municipality of Celorico da Beira; Date of entry: 26/01/2010; Amount
at stake in the suit: 1,112,709.52 euros; Court costs paid: 408,00 euros; Nature and state of the case: Enforcement procedure regarding
various invoices. In accordance with the ruling rendered on 23/04/2010, the suit was ruled to be entirely well founded. Subsequent
to the ruling, the municipality paid some of the invoices as indicated above. In addition to these invoices, the municipality also paid
Debit Note no. 2300000048 in the amount of 34,824.42 euros regarding default interest. Although this Debit Note is not listed in
any of the debt recognitions that served as the basis for the enforcement procedure, the truth is that the amount of default interest
stated in this document corresponds to part of the amount of default interest pertaining to part of the invoices mentioned and
petitioned in the suit. However, we are awaiting payment of the remainder of the amount either by the municipality (voluntarily or
via the seizure that was requested in the proceedings), or via the budget appropriation registered under the name of the Senior
Council of the Administrative and Tax Courts, extraordinary credit having been requested for this body;
Case no. 66/10.9BECTB of the Administrative and Tax Courts (TAF) of Castelo Branco – Defendant: ADC – Águas da Covilhã, E.M.;
Date of entry: 19/11/2008; Amount at stake in the suit: 1,028,129.28 euros; Court costs paid: 1,152.00 euros + 1,152.00 euros +
1,152.00 euros; Nature and state of the case: Case resulting from the injunction petitioned by Águas do Zêzere e Côa, S.A., with
subsequent enabling of Resiestrela (accepted via ruling dated 31/03/2009), relating to invoices issued between 31/07/2007 and
31/05/2008, in the overall amount of 950,126.26 euros.
The ruling dated 16/12/2010 was rendered in favour of the Defendant who was not ordered to comply with the request on the
grounds that the court deemed there to be no contract for the delivery and reception of solid urban waste, and that there was no
contract supporting the issue and collection of the invoices whose payment is requested in the proceedings records.
Resiestrela, S.A. has decided to appeal these rulings at the Central Administrative Court South;
NUIPC 581/09.3TAGRD- Inquiry Proceedings and investigation being undertaken by the National Republic Guard of Fundão, subsequent
to a complaint filed by Resiestrela with respect to destruction of containers for selective collection by unknown parties on its property.
Because the complaint was made against unknown parties it is unlikely that Resiestrela, S. A. will be compensated for its losses;
Case no. 57/2010-SM -Nature and state of the case: Obligatory arbitration to determine minimum services to be provided during
a strike by Resiestrela workers. An arbitration ruling was rendered on 19/11/2010, and was appealed by STAL (Union of Local
Administration Workers), Resiestrela having submitted its counter-claims to the Coimbra Court of Appeals on 14/12/2010, where
the case is being duly processed.
Potential claims – On 05/11/2010 a letter was received from Maria Florinda Marques Pires Elias, mentioning damages to one of the
exterior walls of the building located at no. 24 of Rua Formosa in Guarda, allegedly resulting from a fire that was set to the containers
for selective collection by unknown parties, the containers for selective collection being the property of Resiestrela, S. A., which were
installed at that location, and petitioning undertaking of procedures to minimize damages and repair said wall, there being no
knowledge of the amounts involved and whether Resiestrela, S. A. will be asked to respond in court.
Resulima, S.A.
The company has instituted legal action against AGNI.
Simarsul, S.A.
Case no. CO/001132/09 – regarding the Fonte da Prata WTP, SIMARSUL having been charged with an administrative offence
punishable with a fine ranging between 60,000 euros and 70,000 euros in the event of negligence and 500,000 euros to 2,500,000
euros in the event of malice and Case no. CO/001142/09 – regarding the ZIA WTP, SIMAR having been charged with an administrative
offence punishable with a fine ranging between 60,000 euros and 70,000 euros in the event of negligence and 500.000 euros to
2,500,000 euros in the event of malice. IGAOT has joined the two cases, ordering SIMARSUL to pay the single penalty of €180,000.00,
and the decision having been judicially opposed;