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FINANCIAL AND ACCOUNTING INFORMATION
3. Compagnie de Saint-Gobain annual financial statements (parent company)
285
SAINT-GOBAIN
- REGISTRATION DOCUMENT 2016
LITIGATION
NOTE 20
the related costs and provisions are recorded in the accounts
The lawsuits described below involve Group subsidiaries and
of the subsidiaries concerned.
Asbestos-related litigation
20.1
Asbestos-related litigation in France
Inexcusable fault lawsuits
Everite and Saint-Gobain PAM which in the past had carried
former employees (or persons claiming through them) of
In France, further individual lawsuits were filed in 2016 by
two companies since 1996 with the aim of obtaining
2016, a total of 805 such lawsuits had been issued against the
occupational diseases they have or had. As at December 31,
out
fiber-cement
operations
for
asbestos-related
supplementary compensation over and above the amounts
paid by the French Social Security authorities in this respect.
As of December 31, 2016, 761 of these 805 lawsuits had been
“inexcusable fault”.
cases, the employers were held liable on the grounds of
completed in terms of both liability and quantum. In all these
Compensation paid by Everite and Saint-Gobain PAM in
€1.7 million.
settlement of these lawsuits totaled approximately
of these 44 lawsuits have been completed in terms of both
yet been made, pending Appeal Court rulings. A further four
have been decided but the compensation awards have not
compensation has not yet been assigned.
liability and quantum, but liability for the payment of
Saint-Gobain PAM at December 31, 2016, the merits of three
Concerning the 44 lawsuits outstanding against Everite and
procedures relating to the merits of 33 cases were at
Out of the 37 remaining lawsuits, at December 31, 2016 the
29 pending before the Social Security courts. The last four
investigated by the French Social Security authorities and
different stages, with four in the process of being
their restoration at any time within a two-year period.
actions have been cancelled but the plaintiffs may request
filed since the outset of the litigation by current or former
In addition, as of December 31, 2016, 221 similar suits had been
used equipment containing asbestos to protect themselves
the Group), in particular by current or former employees who
(excluding suits against companies that are no longer part of
employees of thirteen other French companies of the Group
against heat from furnaces.
As of December 31, 2016, 164 lawsuits had been completed. In
89 of these cases, the employer was held liable for
“inexcusable fault”.
approximately €2.5 million.
The compensation definitively paid by these companies totaled
With regard to the 57 suits outstanding at December 31, 2016,
before the Appeal Courts. In addition, 7 suits had been
including 25 pending before the Social Security courts and 16
Social Security authorities, 41 were being investigated –
two cases were still at the investigation stage by the French
completed in terms of liability but are still pending with
compensation, of which 1 was pending before the French
regard to the quantum or liability for paying the
request their restoration at any time within a two-year period.
7 remaining suits have been cancelled but the plaintiffs may
Social Security court and 5 before the Appeal Courts. The
Anxiety claims
from those described above.
asbestos, are subject of damages claims that are different
operate or have operated facilities classified as containing
Eight of the Group’s French companies, including six that
or former employees are entitled to the early-retirement
ministerial decree on the official list of facilities whose current
equipment containing asbestos and are included by
containing asbestos or used protection and insulation
benefits paid to asbestos workers (ACAATA).
operating, which previously manufactured materials
industrials facilities, that have been closed or are still
“Facilities classified as containing asbestos” are defined as
by current or former employees claiming compensation for
At December 31, 2016, a total of 822 suits had been brought
receiving the ACAATA benefit. Of these 822 suits, 585 have
asbestos-related disease and some of them were not
to asbestos. None of these plaintiffs were suffering from an
various damages suffered as a result of their alleged exposure
compensation is €7.6 million at December 31, 2016. Of the
exposed to an asbestos risk, the total amount of
while for the 582 others who were recognized as having been
been terminated. Three plaintiffs had their claims dismissed,
Appeal Courts, 8 before the competent labor tribunals
remaining 237 suits, 97 are pending before the competent
(bureau de jugements des Conseils de prud’hommes), five are
been dismissed by the competent labor tribunals and
any time during a period of two years. Finally, 6 suits have
cancelled but the plaintiffs may request their restoration at
pending before the Court of Cassation and 110 have been
11 plaintiffs have withdrawn the action they initiated.
of the Group.
account suits filed against companies that are no longer part
It should be clarified that the figures above do not take into
Asbestos-related litigation in the United States
asbestos.
distributors, installers or users of products containing
non-Group entities which have been manufacturers,
of these claims are made simultaneously against many other
asbestos-cement pipes, roofing products, specialized
manufactured products containing asbestos such as
In the United States, several companies that once
damages are based on alleged exposure to these products,
claims for compensatory – and in some cases punitive –
other than their employees or former employees. These
insulation or gaskets, are facing legal action from persons
or any specific illness or physical disability. The vast majority
demonstrate any specific exposure to one or more products,
although in many instances the claimants cannot