Vis børsmeldingen
On 4 July the Criminal Appeal Court of Milan upheld the court decision of 2019 and confirmed that the indicted directors of Aveleos where guilty in fraud against the State of Italy through obtaining subsidies for Solar PV power plants by the use of falsified documents and false declarations. However, despite this fact the Criminal Appeal Court decided to acquit the Aveleos Directors of the fraud conviction from 2019 against EAM.
Since the crimes committed was conducted in the period 2010 to 2012, the statutory limitations for court proceedings has been passed. Consequently the convicted individuals does not have to face a criminal sentence but is only liable for financial damages towards the State of Italy and other civil parties.
The associated companies (Aveleos, Avelar SAEM etc.) are by the Criminal appeal Court also held financially liable for damages against civil parties. Companies cannot be indicted or charged in criminal proceedings in Italy, but can be held financially liable for criminal actions conducted by representatives of the companies.
The Criminal Appeal Court of Milan decided to rule opposite to the conclusions of the Criminal Court of Milan in 2019 and the Supreme Court conclusion of 2021.
EAM and its legal counsel are of the opinion that Appeal Courts acquittal decision for fraud against EAM is based on omittance of witness testimonies and documented evidence, and unproven speculation by the Appeal Court on EAMs motives for conducting the transaction. The Court has not addressed the factual evidence proven in the court proceedings of 2019 that EAM was provided falsified documents during the contractual negotiations with Aveleos. These are the same falsified documents that the Appeal Court found as grounds for maintaining the conviction for fraud against the State of Italy.
EAMs legal counsel in the criminal proceedings recommends that the decision is appealed to the Supreme Court of Cassation.
The Milan Chamber of Arbitration’s issued their decision in the arbitration between EAM Solar ASA and Aveleos SA on 29 February 2024. The arbitration court conclusion an amount in favour of EAM of approximately EUR 2.7 million after interest is applied. Aveleos has appealed the decision and the first hearing in this appeal will occur on 5 February 2025.
On 21 May Energeia AS issued a notice of termination of the management agreement of EAM Solar ASA. The termination period is 12 months. During this period Energeia AS will conduct the management tasks as defined by the prevailing management agreement and assist the Board of EAM Solar ASA in the establishment of a self-sufficient organisation.
EBITDA for the quarter was minus EUR 237 thousand and accumulated for the year minus EUR 239.
For further information, please contact:
Viktor E Jakobsen, Chairman, phone +47 9161 1009, viktor@eam.no
About EAM Solar ASA: EAM Solar ASA is a utility company that acquires and operates solar power plants. The Company currently owns solar PV power plants in Italy. The plants are operating under long-term sales contracts. In addition, the Company’s business is lawsuits in relation acquisition of solar power plants.
This information is subject to the disclosure requirements pursuant to section 5-12 of the Norwegian Securities Trading Act.
Kilde
