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ENAV S.p.A. Financial Statement

Other litigation

Other litigation of a varied nature refers mainly to: i) disputes relating to claims on
the assets belonging to ENAV, claims for damages for failure to use assets transferred
into the Company’s capital 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 ENAV’s insurance company; iii) cases relating to
challenges to 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 chance regarding a challenged Shareholders’ Meeting resolution
cancelled by the BoD. An appropriate provision has been made in the case of ENAV’s
lawyers deeming a probable risk.

Criminal proceedings

2015 was characterized by the continuation of the steps already taken in previous
years designed to protect the Company in respect of certain pending judicial actions.
The preliminary phase continues in the criminal proceedings against the former CEO
for the crime pursuant to Article 319 and 321 of the Italian Criminal Code, and the
offence of complicity in a crime pursuant to Article 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 the offence pursuant to Article 319 and 321 of the Italian Criminal
Code. ENAV has brought civil action in the proceedings in question.
ENAV has further brought civil proceedings in the preliminary hearing in the criminal
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 crimes pursuant to Article
81, 319 and 321. The proceedings against another former executive of ENAV were
combined with this action, where the charge was for the same crimes, and in which
the Company has bought 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 continuing, for
the crime pursuant to Article 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 Article 415 of the Criminal Procedure Code.
Still pending in the preliminary investigation phase are the criminal proceedings
against the management of the former construction planning company, former CEO
and former board member of ENAV, as well as management from the subcontractor
to ENAV’s supplier with regard to the offence pursuant to Article 110 of the Criminal
Code, Article 7, paragraphs 2 and 3 of Law 195/1974 and Article 4,paragraph 1 of
Law 659/1981, in addition to the crime under Article 8 of Law 74/2000, with the
exception of the CEO who is being investigated for the crime under Article 323
of the Criminal Code - with specific reference to subcontracting referring to the

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