Prospectus - Notowania

debited to the plaintiff’s account at the time of the transaction. For this reason, a provision has
been made for an amount consistent with the lawsuit risk.
On September 21, 2009, Divania S.r.l. served an additional and separate petition to UniCredit
Corporate Banking at the Court of Bari, requesting compensation for damages allegedly
incurred, amounting to €68.9 million, contesting the violations of the law and regulations
(relevant, amongst other things, to financial products) as a result of the bank’s behaviour in
relation to the derivative transactions in question, and, more generally, the behaviour in regards
to the customer. The suit is closely linked to the one already pending.
The petition is considered to be without grounds, as the plaintiff company’s crisis is not
attributable to its relationship with the bank, but rather to problems in the company and in the
market, and therefore, no provisions have been made.
Acquisition of Cerruti Holding Company S.p.A. by Fin.Part S.p.A.
At the beginning of August 2008, the receivership of Fin.Part S.p.A. (“Fin.Part”) brought a
civil action against di UniCredit, UniCredit Banca, UniCredit Corporate Banking and one other
bank not belonging to UniCredit Group for contractual and tort liability.
Fin.Part makes claim against each of the defendant banks, jointly and severally or alternatively,
each to the extent applicable, for compensation for damages allegedly suffered by Fin.Part and
its creditors as a result of the acquisition of Cerruti Holding Company S.p.A. (“Cerruti”).
The action contests the legality of the conduct displayed during the years 2000 and 2001 by the
defendant banks, in concert among them, for the acquisition of the fashion sector of the Cerruti
1881 Group, by means of a complex financial transaction focused specifically on the issue of a
bond for €200 million by a special purpose vehicle in Luxembourg (C Finance S.A.).
It is maintained that Fin.Part was not able to absorb the acquisition of Cerruti with its own
funds, and that the financial obligations connected with the bond payment brought about the
bankruptcy of the company.
Therefore, the receivership is requesting compensation for damages in the amount of €211
million, which represents the difference between the liabilities (€341 million) and the assets
(€130 million) of the bankruptcy estate, or such other amount as determined by the court.
Furthermore, it is requested the defendants return all of the amounts earned in fees,
commissions and interest in relation to the fraudulent activities.
Papers were filed on December 23, 2008 that included the bankruptcy of C Finance S.A.
The receivership maintains that the insolvency of C Finance S.A., which existed at the time of
its establishment, due to the issue of the bond and the transfer of proceeds to Fin.Part in
exchange for assets with no value, should be attributed to the banks involved in causing the
financial difficulties, as their executives contributed to devising and executing the transaction.
The defendant banks are asked to compensate the damages as follows: a) the total of
bankruptcy liabilities (€308.1 million); or, alternatively, b) the amounts disbursed by C Finance
S.A. to Fin.Part and Fin.Part International (€193 million); or, alternatively, c) the amount
collected by UniCredit (€123.4 million).
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