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ENAV S.p.A. Financial Statement

upgrading of Palermo Airport. The Company has made appointments to conduct the
preliminary assessments regarding the initiatives to be taken to protect its rights,
with these still underway.
Subsequent to the plea-bargaining judgements in the criminal proceedings for
the crimes emerging in the investigations undertaken by the Public Prosecutor in
Rome during 2010/2011, against former board members, former management of
ex suppliers and executives and consultants of third party companies, ENAV has
undertaken out-of-court initiatives that are still in progress, which aim to restore
damages and damage caused to ENAV’s corporate image.
Judgement has been handed down in the criminal proceedings brought following the
complaint brought by the Company regarding the unlawful removal of ENAV goods
and materials held at a third party’s warehouse.
The Company brought civil proceedings in this case against the de facto director
of the warehousing company for the crime pursuant to Article 646 of the Criminal
Code, and in its judgement dated 16 February 2015, the Court declared the accused
guilty of the crime, inter alia, under Article 646 and ordered him to the sentence of
6 years and 6 months imprisonment and a fine of € 3,000, to run concurrently with
other charges.
The Court further awarded an immediately enforceable provisional compensation
of € 1 million in favour of ENAV, referring the settlement of the greater damage
incurred by ENAV to another Court. In respect of one single charge, judgement
was issued not to proceed due to the intervening withdrawal of the complaint, and
relevant acceptance thereof. Finally, with regarding to the remaining charges, the
accused was acquitted based on the formula that “the fact does not exist”.
With regard to the contract entered into by ENAV and Selex ES (currently
Finmeccanica) on 26 June 2009 for the upgrading of the airport system at Palermo
Airport, ENAV continues to hold an amount of € 3.8 million in terms and to all effects
of the private agreement signed on 24 December 2012, as an appropriate deposit
pending the additional investigations required in this regard. Subsequent to further
investigations conducted by the Company, which made it possible to better define
the referred degree of deviation from adequacy relating to the contract, discussions
are currently underway with the supplier to close the matter in a precautionary
manner for ENAV.

244 ENAV - Annual financial report 2015