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F

Risks analysis [G4-14]

F.6

Claims and litigation

Atos

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Document de Référence 2016

237

F

Tax claims

F.6.1

administrative non-contentious proceedings.

and litigations. Such claims are usually solved through

The Group is involved in a number of routine tax claims, audits

are typical for companies operating in this region. Proceedings in

defendant in some cases and a plaintiff in others. Such claims

A number of the tax claims are in Brazil, where Atos is a

this country usually take a long time to be processed. In other

non-contentious administrative procedures.

jurisdictions, such matters are normally resolved by simple

substantial ongoing court claim against the UK tax authorities for

Following the decision in a reported test case in the UK, there is

million.

a tax (Stamp Duty) re-imbursement of an amount over € 10

€ 24.4 million.

consolidated accounts closed as at December 31, 2016, was

The total provision for tax claims, as inscribed in the

Commercial claims

F.6.2

There are a small number of commercial claims across the

Group. Litigations are handled by the Group Legal Department.

without merit.

speculative nature in which the claims are heavily inflated and

The Group is facing a very small number of IP cases of a highly

resolved.

the Group and in 2016 a number of them were successfully

and Xerox ITO. Some of these cases involve claims on behalf of

acquisition of Siemens IT Solutions and Services, of Bull Group

various jurisdictions that the Group acquired through the

There were a number of significant on-going commercial cases in

The cases coming from Unify which has been recently acquired

satisfactory coverage of the associated risks.

discussions and the Group is confident that it will obtain a

by the Group from Siemens are subject to post-closing

consolidated accounts closed as at December 31, 2016.

of € 28.5 million for commercial claim risks, as inscribed in the

As a result, the Unify cases have no impact on the total provision

Labor claims

F.6.3

relatively few labor claims. In almost every jurisdiction there are

There are approximately 100,000 employees in the Group and

no or very few claims. Latin America is the only area where

of low value and typical for companies operating in this region.

there is a significant number of claims but such claims are often

in France and in Latin America, but in the Group’s opinion most

The Group is a respondent in a few labor claims of higher value

appropriately.

of these claims have little or no merit and are provisioned

for an overall amount of € 6.5 million as inscribed in the

The whole claims exceeding € 300,000 have been provisioned

consolidated financial statements as at December 31, 2016.

Representation &Warranty claims

F.6.4

The Group is a party to a very small number of representation & warranty claims arising out of acquisitions/dispositions.

Miscellaneous

F.6.5

situation or profitability.

potential, likely to have or having had significant consequences over the past semester on the Company’s and the Group’s financial

To the knowledge of the Company, there are no other administrative, governmental, judicial, or arbitral proceedings, pending or