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ENAV Group Consolidated Financial Statements

on challenged tender documents), or to recover the higher costs and/or damages
that the Parent Company incurred due to breaches by suppliers/contractors. In the
cases where the outcome of the litigation is deemed to result in a cost, an accrual
has been made in the appropriate risks and charges provision.

Other Litigation

Other litigation of a varied nature refers mainly to: i) disputes relating to claims on the
assets belonging to the Parent Company, claims for damages for failure to use assets
transferred to the Parent Company’s or demands for payment on improvements
made to assets; ii) cases relating to claims for damages for aeronautical accidents,
where the risk of payment is covered by the Parent Company’s insurance company;
iii) cases relating to challenges of provisions pertinent to open public procedures
and the awarding of tenders; iv) disputes referring to claims for damages for failing
to acquire a third party company’s business unit; v) disputes relating to claims for
damages to image and the loss of opportunity to appeal a Shareholders’ Meeting
resolution to revoke the BoD. An appropriate provision has been recorded in the
those case where the Group’s lawyers deem a risk as being probable.

Criminal proceedings

The proceedings that had already been initiated in previous years continued in 2015,
which aimed to protect the Group’s rights in certain pending court cases.
The preliminary phase continues in the criminal proceedings against the former CEO
for a criminal offence pursuant to Art. 319 and 321 of the Italian Criminal Code, and
as an accomplice to a criminal offence pursuant to Art. 7, paragraphs 2 and 3 of Law
No. 194/1975 and Art, 4, paragraph 1 of Law No. 659/1981, and an ex Company
executive for an offence pursuant to Art. 319 and 321 of the Italian Criminal Code.
The Parent Company ENAV has brought civil actions in the proceedings in question.
ENAV has further brought civil proceedings in the preliminary hearing in the criminal
offence proceedings pending against the former Chairman of the Board of Directors
of ENAV, the former executive of ENAV and senior management of a third party
company, former supplier to the subsidiary Techno Sky, for the criminal offences
pursuant to Art. 81, 319 and 321. The proceedings against another former executive
of ENAV were combined with this action, where the charges were for the same
crimes, and in which the Company has brought civil action.All the accused have been
indicted before the Court and the hearing has been held with the parties making an
appearance.
The criminal proceedings against the former Company executive are ongoing, for a
criminal offence pursuant to Art. 378 of the Italian Criminal Code, following notice
to the accused on 29 August 2013 that the preliminary investigations had been
concluded in accordance with Art. 415 of the Criminal Procedure Code.
Still pending in the preliminary investigation phase are the criminal offence
proceedings against the management of the former construction project company,
former CEO and former board member of ENAV, as well as management of a
subcontractor to ENAV’s supplier with regard to an offence pursuant to Art. 110 of
the Criminal Code, Art. 7, paragraphs 2 and 3 of Law 195/1974 and Art. 4,paragraph

152 ENAV - Annual financial report 2015