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CONSOLIDATED FINANCIAL REPORT | EXPLANATORY NOTES

149

Prysmian, Pirelli & C. S.p.A. and The Goldman Sachs Group Inc. have all been accepted by the General

Court of the European Union. Prysmian has not incurred any financial outlay as a result of this decision

having elected, pending the outcome of the appeals, to provide bank guarantees as security against

payment of 50% of the fine imposed by the European Commission (amounting to approximately Euro 52

million) for the alleged infringement in both periods. As far as Prysmian is aware, Pirelli & C. S.p.A. has also

provided the European Commission with a bank guarantee for 50% of the value of the fine imposed for the

alleged infringement in the period 18 February 1999 - 28 July 2005. Pirelli & C. S.p.A. has also brought a

civil action against Prysmian Cavi e Sistemi S.r.l. in the Milan Courts, in which it demands to be held

harmless for all claims made by the European Commission in implementation of its decision and for any

expenses related to such implementation. Prysmian Cavi e Sistemi S.r.l. started legal proceedings in

February 2015, requesting that the claims brought by Pirelli & C. S.p.A. be rejected in full and that it should

be Pirelli & C. S.p.A. which holds harmless Prysmian Cavi e Sistemi S.r.l., with reference to the alleged

infringement in the period 18 February 1999 - 28 July 2005, for all claims made by the European

Commission in implementation of its decision and for any expenses related to such implementation. The

proceedings have since been stayed by order of the court concerned in April 2015, pending the outcome of

the appeals made against the European Commission's decision by both Prysmian and Pirelli in the European

Courts. Pirelli has challenged this decision before the Court of Cassation, Italy's highest court of appeal.

Following detailed and careful analysis of the European Commission's ruling, and given the fact that this

ruling has been appealed and so could be submitted to second-instance judgement, as well as the fact that

the investigation initiated by the Canadian Antitrust Authority had ended without any sanctions for Prysmian,

it was decided already back in 2014 to release part of the existing provision.

Furthermore, during the last few months of 2015 the US Department of Justice formally closed its previously

initiated investigation without charges against Prysmian.

Also in 2015, National Grid and Scottish Power, two British operators, filed claims in the High Court in

London against certain cable manufacturers, including Prysmian Group, to obtain compensation for

damages purportedly suffered as a result of the alleged anti-competitive practices condemned by the

European Commission in the decision adopted in April 2014. The Group companies concerned were notified

of this initial court filing during the month of May 2015 and presented their defence early in October 2015,

along with the summons of other parties censured in the European Commission's decision. Among the

parties involved in this action, Pirelli & C. S.p.A. has requested the London High Court to decline its

jurisdiction or nonetheless to stay the proceedings in its regard pending the outcome of the civil action

previously brought by Pirelli & C. S.p.A. against Prysmian Cavi e Sistemi S.r.l. in the Milan Courts, in which it

demands to be held harmless for all claims made by the European Commission in implementation of the

latter's decision and for any expenses related to such implementation.

The above events have resulted in a reassessment of the risks associated with the investigations in progress

and the consequent recognition in the 2015 income statement of a net release for Euro 29 million.

Western HVDC Link Contract (UK)

Over the course of 2015, the Group's income statement benefited from Euro 30 million in connection with the

Western HVDC Link (UK) contract. This was the net effect of several factors such as the increased efficiency