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Notes to the Consolidated Financial Statements of the Enav Group 145

of one of the respondents for the offence pursuant to article 61.11 and
article 646 of the Italian criminal code.

In relation to the terminated agreement entered by ENAV with SELEX ES
on 26 June 2009 for modernizing theairport system of Palermo airport,
the Company continues to withhold an amount of approximately ¤3.9
million, pursuant to and in accordance with the private agreement signed
on 24 December 2012, as a caution and pending the further verifications
provided therein. Following additional checks carried out by ENAV, which
have enable the noted differences with the agreement to be better defined,
discussions are taking place with the supplier in order to arrive at a definitive
completion of the situation in a prudent manner for ENAV.

In relation to the terminated investment contract relating to the ADS-B
system, completed in a prudent manner for the Company with the
recognition of amounts lower than those originally included in the contract,
considering the fact that a part of the works relating to this contract fell
under the TEN-T financing in the Company’s favor, ENAV has provided
assurance that it will provide the most transparent information to its
national and European institutional interlocutors concerning the initiatives
undertaken by ENAV in dealing with this matter. On the completion of its
investigation, the agency INEA requested ENAV to return prefinancing
amounting in total to approximately ¤1.8 million, given that it is considered
that the circumstances provided by articles III.3.7.1 and III.2.5 of the General
Conditions attached to the financing decision have not been complied with.

On 3 July 2013, SELEX ES initiated a arbitration proceeding against
the subsidiary Techno Sky in order to settle the dispute relating to the
receivable and payable balances arising from the terminated contractual
relationship between the parties whose object was the supply of meteo
systems for modernizing the airport system of the “Falcone Borsellino”
airport in Palermo.

This contract, having a value of ¤8.1 million and in terms of negotiations
connected to the above-mentioned agreement between ENAV wand
SELEX ES, consists of a base lot and an optional lot, both the object of
subcontracting for almost the whole amount, approximately ¤7 million, by
Techno Sky to Arc Trade Srl, now insolvent.

Following the well-known judicial affairs concerning the latter company,
in whose bankruptcy proceedings Techno Sky by standard procedure
requested the settlement of ¤6.5 million as an unsecured creditor, as of
today the subsidiary has the material availability of the supply relating to
the base lot and a portion of the optional lot, while despite having been
ordered by Techno Sky from Arc Trade and almost wholly paid for, the
Wind Tracer Infrared Doppler Lidar System (Radar Lidar), also forming
part of the optional lot, was never actually delivered by the latter.

The above arbitration procedure, for which an award is expected by 27
October 2015 after extensions to the deadline, is currently pending at the
preliminary stage.

Following the Decree of 7 March 2013 of the Director General of Finance at