ad hoc

Court of Justice of the European Union confirms antitrust fine levied onto companies of the SKW Metallurgie Group in 2009

Unterneukirchen (Germany), January 23, 2014. The Court of Justice of the European Union rejected, in the context of its rendition of judgment of today, the claim of nullity brought forward by companies of the SKW Metallurgie Group against the antitrust fine of the year 2009.

Moreover, the Court of Justice of the European Union assessed, by another decision of today relating to the claim of nullity brought forward by Gigaset AG against the same fine, the fine levied onto Gigaset AG at EUR 12.3 million; other than that, that claim was rejected as well.

The SKW Metallurgie Group currently assumes, relating to the maximum fine in the amount of EUR 13.3 million levied in this matter also onto companies outside the Group through joint and several liabilities, that economically it will not have to bear any fine at least in the amount of EUR 12.3 million, since according to the assessment of the SKW Metallurgie Group, full liability is with the then corporate parent ARQUES Industries AG (now: Gigaset AG) at least for that amount, in the context of the execution of internal compensation proceedings.

The SKW Metallurgie Group will intensely evaluate the appropriate financial classification of this matter. Based on currently available information and their first review, the creation of a provision for the fine is to be assumed in the amount of EUR 1 million. In addition, the provisions created for legal fees will be re-evaluated.

After intense assessment of the written opinion of the court, the SKW Metallurgie Group will decide on further steps. The judgment is to become legally binding in two months at the earliest.

Should the SKW Metallurgie Group have to remit payments to the European Commission regarding this matter, the required cash positions would be available.