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228 ENAV – 2014 Financial Statements

filed a formal criminal complaint in addition to requesting the insurance
company to carry out verifications as to whether the loss is covered by the
Company’s policy.

Following the filing of the criminal complaint by ENAV, the public prosecutor
brought a criminal action, as part of which the Company has received as
the injured party a copy of a request for the immediate committal for trial
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 the airport 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.

Following the Decree of 7 March 2013 of the Director General of Finance at
the Ministry of the Economy and Finance in conjunction with the Director
of the Department for Transport, Navigation and Information Systems
and Statistics at the Ministry of Infrastructure and Transport ordering the
decommissioning and simultaneous transfer to the State Property Office of
a first tranche of AVL assets (as well as areas outside the airport grounds),
not additionally instrumental for the supply of ENAV’s business services in
the new sector structure, bilateral ENAC/ENAV discussions are continuing
preliminary to the issue of a further provision for the decommissioning of
other visual and lighting aids at the time contributed to ENAV and still
managed and maintained by the Company.