Annual Report 2010 - AdP

Case no. CO/15/2010 – pertaining to the Lagoínha WTP, SIMARSUL having been charged with an administrative offence punishable
with a penalty reengaging between 38,500,000 euros and 70,000.00 euros in the event of negligence and 200,000 euros and 2,500,000
euros in the event of malice, SIMARSUL having mounted its defence within the scope of the administrative offence proceedings.
Case no. CO/32/2010 - pertaining to the Quinta do Conde WTP, SIMARSUL having been charged with an administrative offence
punishable with a penalty reengaging between 38,500,000 euros and 70,000.00 euros in the event of negligence and 200,000 euros and
2,500,000 euros in the event of malice, SIMARSUL having mounted its defence within the scope of the administrative offence proceedings.
Simlis, S.A.
Case 1552/09.5BELRA – TAF Leiria – Joint administrative action via ordinary procedure instituted by Construtora Abrantina, S.A. on
29-09-2009, requesting that Simlis be ordered to pay the amount of 3,099,892.27 euros accrued by interest, in relation to losses,
lost income, remaining on the worksite, lost profits, financial charges and losses associated with assembly and disassembly of the
jobsite – “Contract for the Execution of the Maceira Sanitation Network – 3rd, 5th and 6th phases.”
Simria, S.A.
Joint administrative action via ordinary procedure no. 760/05.2BEVIS, underway at the Viseu Administrative and Tax Courts instituted
by the companies Construtora Abrantina, S.A. and Jaime Ribeiro & Filhos, S.A., within the scope of the contract entitled “Multimunicipal
Sanitation System of Ria de Aveiro – Interceptors South and Vouga – Pipelines,” requesting that Simria, S.A. be ordered to
recognize the right of the Plaintiffs to extend the legal deadline of that project to April 2003 and pay the Plaintiffs compensation in
the amount of 8,896,803.00 euros, accrued by the respective overdue and due interest at the applicable legal rate.
In this case Simria, S.A. instituted a counter-action against the Plaintiffs, claiming from them compensation in the amount of
7,820,565.53 euros, accrued by interest in the form of fines applied to the contractor for delay in executing the works, lost profits,
damage to its image, among other claims.
This action is awaiting issuance of the order for reorganization of the proceedings by the court and respective notification of the
parties in accordance with the due diligence of the proceedings.
Joint administrative action via ordinary procedure no. 1075/05.2BEVIS, underway at the Viseu Administrative and Tax Courts instituted
by the companies Construtora Abrantina, S.A. and Jaime Ribeiro & Filhos, S.A., within the scope of the contract entitled “Multimunicipal
Sanitation System of Ria de Aveiro – Interceptors South and Vouga – Pipelines,” requesting that Simria, S.A. be ordered to
recognize the right of the Plaintiffs to extend the legal deadline of that project to April 2003 and pay the Plaintiffs compensation in
the amount of 4,407,430.48 euros, accrued by the respective overdue and due interest at the applicable legal rate. This action is
awaiting the drafting of the order to reorganize the proceedings. Judge, following due diligence.
Águas do Douro e Paiva, S.A.
Injunction without Opposition Case, Case involving Payment of Municipal Property Transfer Tax: Plaintiff: Tax Authority - Defendant
Águas do Douro e Paiva
Court: Administrative and Tax Courts (TAF) of Porto. The Company has a contestation case pending at the TAF of Porto against
payment of the municipal property transfer tax in the amount of 1,695,912,85 euros, accrued by compensatory interest in the
amount of 681,431.72 euros. The case is awaiting contestation by the Tax Authority.
For the aforementioned cases in which the company is the Defendant, a provision has been created in the amount of 11,676.68
euros, which the Board of Directors considers sufficient for meeting expected losses.
51.2 Guarantees
Responsibilities related to bank guarantees pledged by business units of the companies included in the consolidation perimeter are
stated as follows:
UN Courts Financial Granting Other 31.12.2010 31.12.2009
Institutions Entities
UNA-PD 21,540,091 - 2,019,884 21,596,296 45,156,272 46,821,421
EPAL 5,433,496 12,564,880 - 29,879,991 47,878,367 42,726,983
UNA-DR - - - - - -
UNR 153,233 36,668,159 2,160,768 4,893,998 43,876,157 24,355,098
UNI - - - 1,428,571 1,428,571 303,774
Corporate - 400,000 - 404,562 804,562 199,617
Total 27,126,821 49,633,039 4,180,652 58,203,418 139,143,930 114,406,893
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