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9

FINANCIAL AND ACCOUNTING INFORMATION

1. 2016 Consolidated Financial Statements

238

SAINT-GOBAIN

- REGISTRATION DOCUMENT 2016

Provisions for claims and litigation

7.1.1

At December 31, 2016 and 2015, provisions for claims and

against the Group. These provisions are described in further

litigation mainly covered asbestos-related lawsuits filed

detail in Note 7.2 “Contingent liabilities and litigation”.

Provisions for environmental risks

7.1.2

clean-up costs.

protection measures, as well as site rehabilitation and

These provisions cover costs relating to environmental

Provisions for restructuring costs

7.1.3

Provisions for restructuring costs amounted to €99 million at

including net additions of €32 million during the year. The

December 31, 2016 (€139 million at December 31, 2015),

(€21 million), the United Kingdom (€12 million), and France

provisions primarily concern Benelux (€33 million), Germany

(€10 million).

Provisions for personnel expenses

7.1.4

employees that are unrelated to the Group’s reorganization

These provisions primarily cover indemnities due to

plans.

Provisions for customer warranties

7.1.5

They are determined on a statistical basis using a range of

warranties granted to customers mainly in the United States.

made in prior years in the business and region concerned. In

criteria and take into account contractual warranty payments

risks.

addition, specific provisions may be set aside for identified

These provisions cover the Group’s commitments under

Provisions for other contingencies

7.1.6

amounted to €281 million (€307 million at December 31, 2015)

At December 31, 2016, provisions for other contingencies

States (€60 million), France (€40 million) and Brazil

and mainly concerned Germany (€98 million), the United

(€41 million).

Investment-related liabilities

7.1.7

purchase minority interests, liabilities relating to the

Investment-related liabilities correspond to commitments to

shareholder puts.

acquisition of shares in Group companies, and minority

In 2016, changes in investment-related liabilities primarily

concerned minority shareholder puts.

Contingent liabilities and litigation

7.2

Asbestos-related litigation

7.2.1

described below.

The situation regarding ongoing asbestos-related litigation is

Asbestos-related litigation in France

7.2.1.1

Inexcusable fault lawsuits

a)

In France, further individual lawsuits were filed in 2016 by

former employees (or persons claiming through them) of

out

fiber-cement

operations

for

asbestos-related

Everite and Saint-Gobain PAM which in the past had carried

2016, a total of 805 such lawsuits had been issued against the

occupational diseases they have or had. As at December 31,

supplementary compensation over and above the amounts

two companies since 1996 with the aim of obtaining

paid by the French Social Security authorities in this respect.

As of December 31, 2016, 761 of these 805 lawsuits had been

cases, the employers were held liable on the grounds of

completed in terms of both liability and quantum. In all these

“inexcusable fault”.

settlement of these lawsuits totaled approximately

Compensation paid by Everite and Saint-Gobain PAM in

€1.7 million.

of these 44 lawsuits have been completed in terms of both

yet been made, pending Appeal Court rulings. A further four

liability and quantum, but liability for the payment of

compensation has not yet been assigned.

Concerning the 44 lawsuits outstanding against Everite and

have been decided but the compensation awards have not

Saint-Gobain PAM at December 31, 2016, the merits of three

Out of the 37 remaining lawsuits, at December 31, 2016 the

stages, with four in the process of being investigated by the

procedures relating to the merits of 33 cases were at different

Social Security courts. The last four actions have been

French Social Security authorities and 29 pending before the

any time within a two-year period.

canceled but the plaintiffs may request their restoration at

filed since the outset of the litigation by current or former

In addition, as of December 31, 2016, 221 similar suits had been

the Group), in particular by current or former employees who

(excluding suits against companies that are no longer part of

against heat from furnaces.

used equipment containing asbestos to protect themselves

employees of thirteen other French companies of the Group

89 of these cases, the employer was held liable for

As of December 31, 2016, 164 lawsuits had been completed. In

“inexcusable fault”.

totaled approximately €2.5 million.

The compensation definitively paid by these companies

restoration at any time within a two-year period.

including 25 pending before the Social Security courts and 16

Social Security authorities, 41 were being investigated -

completed in terms of liability but are still pending with regard

before the Appeal Courts. In addition, seven suits had been

which one was pending before the French Social Security

to the quantum or liability for paying the compensation, of

suits have been canceled but the plaintiffs may request their

court and five before the Appeal Courts. The seven remaining

two cases were still at the investigation stage by the French

With regard to the 57 suits outstanding at December 31, 2016,

Anxiety claims

b)

operate or have operated facilities classified as containing

Eight of the Group’s French companies, including six that

from those described above.

asbestos, are subject of damages claims that are different