25.06.2012 Views

Financial Statements and Management Report - Thyssenkrupp

Financial Statements and Management Report - Thyssenkrupp

Financial Statements and Management Report - Thyssenkrupp

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

2.3 <strong>Financial</strong> statements Notes<br />

ThyssenKrupp AG is liable for pension obligations from the transfer of<br />

businesses <strong>and</strong> internal transfer of pension obligations. ThyssenKrupp<br />

AG transferred pension obligations to ThyssenKrupp Dienstleistungen<br />

GmbH. ThyssenKrupp Dienstleistungen GmbH received an appropriate<br />

compensation for this which will be adjusted in the event of major<br />

changes to the main assumptions underlying the calculation. No such<br />

adjustment was necessary in the reporting year. At September 30,<br />

2010 these obligations were reported under “Other contingencies”, in<br />

the past fiscal year they were recognized for the first time under<br />

“Pension obligations” (see Provisions).<br />

11 Other financial obligations <strong>and</strong> other risks<br />

Obligations from rental <strong>and</strong> lease agreements are due in the coming<br />

fiscal years as follows:<br />

million €<br />

2011/2012 15<br />

2012/2013 12<br />

2013/2014 9<br />

A commitment in the amount of €7 million relates to the remaining<br />

construction of the ThyssenKrupp Quarter in Essen.<br />

An unpaid liability in the amount of €3 million (prior year €3 million)<br />

exists vis-à-vis Technische Gase Hoesch Messer Griesheim GmbH &<br />

Co. KG.<br />

In accordance with Art. 305 UmwG (Reorganization Act), former<br />

shareholders of Thyssen <strong>and</strong> Krupp have applied for a judicial review of<br />

the share exchange ratios used in the merger of Thyssen AG <strong>and</strong> Fried.<br />

Krupp AG Hoesch-Krupp to form ThyssenKrupp AG. The proceedings<br />

are pending before Düsseldorf Regional Court. Should the court in the<br />

special award proceedings find the exchange ratio inappropriate,<br />

settlement will involve an additional cash payment plus interest. The<br />

additional payment is payable to all affected shareholders, even if they<br />

were not claimants in the special award proceedings. However, the<br />

Group expects the special award proceedings to result in no additional<br />

cash payments because the exchange ratios were diligently<br />

determined, agreed between unrelated parties, audited <strong>and</strong> confirmed<br />

by the court-appointed merger auditor, <strong>and</strong> differ only insignificantly<br />

from the merger value ratio determined by the expert appointed by<br />

Düsseldorf Regional Court.<br />

Following the incorporation of Thyssen Industrie AG into ThyssenKrupp<br />

AG, special award proceedings are pending concerning the judicial<br />

review of the appropriateness of compensation paid to the minority<br />

shareholders of Thyssen Industrie AG. The expert appointed by<br />

Dortmund Regional Court established a marginally different exchange<br />

ratio. The Company continues to assume that there will be no<br />

subsequent payment to former shareholders of Thyssen Industrie AG.<br />

However, should the court in its final ruling find that the compensation<br />

offered was inappropriate, increased compensation in the form of an<br />

additional cash payment will be granted to all outside shareholders.<br />

In addition the Company is involved for various reasons in court,<br />

arbitration <strong>and</strong> out-of-court disputes. However, at the present time the<br />

Company does not expect the various legal disputes to have any major<br />

negative effects on its financial <strong>and</strong> earnings situation.<br />

12 Derivative financial instruments<br />

million €<br />

Notional<br />

value<br />

Sept. 30,<br />

2010 Fair value<br />

40<br />

Notional<br />

value<br />

Sept. 30,<br />

2011 Fair value<br />

Foreign currency<br />

forward contracts 1,183 2 5,189 (2)<br />

Currency options 24 (1) 13 0<br />

Foreign currency<br />

derivatives 1,207 1 5,202 (2)<br />

Interest swaps 750 3 0 0<br />

Interest/<br />

currency swaps 750 (34) 750 (35)<br />

Interest rate<br />

derivatives 1,500 (31) 750 (35)<br />

Commodity<br />

forward transactions 25 5 20 7<br />

Commodity<br />

derivatives 25 5 20 7<br />

Total 2,732 (25) 5,972 (30)<br />

The year-on-year increase in foreign currency derivatives is in<br />

connection among other things with the financing of the major projects<br />

in Alabama.<br />

Derivative financial instruments <strong>and</strong> the corresponding hedged<br />

transactions can be treated as a single valuation unit if evidence of a<br />

clear hedge relationship can be provided. In these cases the hedged<br />

transactions are recognized at the contractually agreed hedge rates<br />

<strong>and</strong> the derivative financial instruments are not reported separately.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!