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PDF (3.77 Mo) - Le Crédit Agricole

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Crédit <strong>Agricole</strong> S.A.Update of the 2011 registration document - A03<strong>Le</strong>gal risksThe main pending legal and tax proceedings involving Crédit <strong>Agricole</strong> S.A. and its fully integratedsubsidiaries are described in the 2011 Management report which is part of the Registration Document No. D12-0160 that was filed with the AMF at 15 March 2012.Relative to the exceptional events and legal disputes set out in this report under <strong>Le</strong>gal risks, a change shouldbe noted relating to “Obligations concerning public retirement plans in Greece (Emporiki Bank)”. Aruling was given by the Greek Supreme Court on 5 July 2012, overturning the decision of the Athens Courtof Appeal and rejecting the request from the bank’s staff union. The court upheld the constitutionality of law3371/2005 and stated that mandatory employee insurance matters are governed by law and not subject toprivate agreements. It decided to refer the case to the Athens Court of Appeal for a new hearing under adifferent composition. On this occasion, the Court of Appeal is bound by the various points of law on whichthe Supreme Court has ruled.There was also change relating to the CIE case (Cheque Image Exchange). In a ruling of 23 February 2012,the Paris Court of Appeal cancelled the decision reached by the Autorité de la Concurrence – which hadimposed a total fine of 384.92 million euros on the accused banks, including LCL and Crédit <strong>Agricole</strong> –deeming that the Autorité de la Concurrence had not demonstrated the existence of restrictions tocompetition constituting an anti-competitive price agreement.On 23 March 2012, the Autorité de la Concurrence submitted an appeal against the Paris Court of Appeal’sdecision given on 23 February 2012.There have not been any changes to any other cases since 15 March 2012.Two other cases should also be noted:On 9 April 2012, Intesa Sanpaolo S.p.A (“Intesa”) summoned Crédit <strong>Agricole</strong> CIB, Crédit <strong>Agricole</strong>Securities (U.S.A), a number of Magnetar Group companies and The Putnam Advisory Company LLCbefore the Federal Court of New York concerning a CDO structured by Crédit <strong>Agricole</strong> CIB, namedPyxis ABS CDO 2006-1.Having concluded a Credit Default Swap with Crédit <strong>Agricole</strong> CIB of a notional amount of 180,000,000dollars on the super-senior tranche of the CDO, Intesa believes that it has been detrimentally affectedby the structuring of the CDO and is demanding damages of 180,000,000 US dollars, plus interest onthis amount, as well as compensatory and punitive damages and repayment of its costs and fees for anas yet undisclosed amount.As contributors to several interbank rates, Crédit <strong>Agricole</strong> SA and its subsidiary Crédit <strong>Agricole</strong> CIBhave received requests for information from various authorities within the framework of enquiriesconcerning the setting of certain LIBOR rates (London Interbank Offered Rates) and the Euribor rate(Euro Interbank Offered Rate) and related transactions. These requests cover several periods from2005 to the present day. Crédit <strong>Agricole</strong> is cooperating with the authorities.Any legal risks outstanding as of 31 December 2011 that could have a negative impact on the Group’s netassets have been covered by adequate provisions based on the information available to seniormanagement.To date, to the best of Crédit <strong>Agricole</strong> S.A.’s knowledge, there are no other governmental, judiciary orarbitration proceedings (or any proceedings known by the Company, in abeyance or threatening theCompany) that could have or have had, in the last six months, any substantial effect on the financial situationor the profitability of the Company and/or the Crédit <strong>Agricole</strong> S.A. Group.Page 123 sur 237

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