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Prospectus - Notowania

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Accordingly, the plaintiff requested compensation for damages for the notional value of the<br />

certificate of deposit held by UBS, or USD 200 million, equivalent to €158 million.<br />

It should be noted that the second certificate of deposit with a notional value of USD 300<br />

million, not included in this action, was seized by the Finance Police at the vault of the<br />

aforementioned Milan branch of Banca di Roma on November 18, 2004 as part of a criminal<br />

proceeding pending with the Court of Trento regarding fraud charges related to said certificate.<br />

This proceeding was concluded with the defendants being acquitted.<br />

The bank duly appeared in court to dispute the reconstruction of events and requested that the<br />

petition be wholly rejected in that it is unfounded in law and in fact. Following a number of<br />

recent restructuring transactions by UniCredit Group, the disputed right behind the case was<br />

transferred to UniCredit Banca.<br />

For this reason, a provision has been made for an amount consistent with the risk of the lawsuit.<br />

Mario Malavolta<br />

In July 2009, Mario Malavolta, on his own behalf and as legal counsel and director of<br />

Malavolta Corporate S.p.A. and its subsidiaries and associates, sued UniCredit for<br />

compensation for damages (approximately €135 million) allegedly due to illicit behaviour on<br />

UniCredit’s part. Furthermore, the petitioner requests the confirmation of the improper<br />

application of interest on its current accounts held by the aforementioned company.<br />

The defendant named in this action is UniCredit Corporate Banking.<br />

The petitioner disputes the conduct by the defendant during the period 2006-2007, maintaining<br />

that improper involvement by the bank in the decision-making processes of Malavolta Group<br />

companies allegedly prevented the restructuring processes and caused significant financial<br />

burden (currently the companies of Malavolta Group are insolvent and under bankruptcy<br />

proceedings).<br />

The facts and circumstances described above also allegedly resulted in significant damages to<br />

Mario Malavolata in his role as shareholder and director of Malavolta Corporate S.p.A. and its<br />

subsidiaries.<br />

The proceedings are in the initial phases and a provision has not been made.<br />

Valauret S.A.<br />

In 2001, the plaintiffs (Valauret S.A. and Hughes de Lasteyrie du Saillant), bought shares in the<br />

French company Rhodia S.A. They maintain that they suffered losses as a result of the drop in<br />

Rhodia share prices between 2002 and 2003, allegedly caused by earlier fraudulent actions by<br />

members of the company’s board of directors, which made the financial statements untruthful<br />

and misleading.<br />

In 2004, the plaintiffs filed a petition claiming damages against the board of directors, the<br />

external auditors, and Aventis S.A. (the alleged majority shareholder of Rhodia S.A.). Later<br />

they extended their claim to other parties, arriving at a total of 14 defendants, the latest being<br />

- 349 -

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