discipline
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Curioso che comunque anche loro direttamente non menzionino i 25m ma facciano comunque riferimento al valore di 418m della causa (da risposta dell'IR a mia mail di richiesta informazioni di fine autunno scorso):Ho dato un occhio a qualche news su questo swap, perchè i numeri che ho letto non mi quagliano molto. Ho visto diverse cause in tema di derivati e spesso la stampa fa una gran confusione tra il nozionale (che può essere elevatissimo), reciproche pretese (che prese singolarmente possono essere elevate, ma nettate dare/avere si riducono drasticamente) e danno effettivo.
Da questo articolo sembrerebbe che il valore della causa sia 25 mln. A naso mi sembra che possa essere un importo sensato. Se così fosse, non mi starei a preoccupare troppo.
Linz Believes in Victory Over BAWAG
Published: November 2, 2011 20:00 · (FriedlNews)
The capital of the province of Upper Austria filed a lawsuit against Bawag, which is held by the U.S. investment funds Cerberus.
In 2007, Linz agreed to conclude a swap with Bawag. The swap was based on Swiss Francs and had an initial volume of € 152m. Due to the strong rise in Swiss Francs, the debt rose up to € 600m and more. Bawag now claims € 417m from the municipality Linz. The value in litigation is € 25.2m. According to the mayor of Linz, Franz Dobusch, every legal limitation has been ignored. Dobusch states that there are special rules for banks providing a loan to municipalities. The municipal government states that the contract with Bawag is thus ineffective.
Now, Bawag has four weeks in order to respond to the lawsuit. Then the proceedings will start. The duration of the proceedings is expected to last for up to five years . The claim of € 417m is also said to be ineffective, because the contract has been dissolved only for the case of its effectiveness, a representative of the municipality Linz explained.
FriedlNews - Linz Believes in Victory Over BAWAG
Regarding your questions concerning the City of Linz case, we have released the following statement:
Due to the claim filed by the city of Linz in connection with a swap agreement, BAWAG PSK regards its efforts to find a constructive solution as failed.
Therefore BAWAG P.S.K. on its part also filed a lawsuit against the city of Linz in order to assert its claims in the amount of EUR 417,737,018.29 in connection with the same transaction (SWAP II).
BAWAG P.S.K.'s claim for damages results from the premature termination of the transaction which has been forced by the city of Linz (breach of payment obligation). The amount of around EUR 418 million is composed of costs which BAWAG P.S.K. had to pay to third parties, as well as of current claims against the city resulting from this transaction. According to the contract entered into with the city of Linz, the bank is entitled to be compensated for payments not made by the city. The claims are now being enforced by way of court proceedings.
Already in mid-2007 BAWAG P.S.K. liaised with the city of Linz in order to discuss a termination of the transaction and, or, its restructuring. Even in mid-2008 a profitable exit from the transaction would have been possible for the city of Linz. Also thereafter, BAWAG P.S.K. repeatedly urged a risk limitation or an exit from the transaction, as the development on the financial markets remained unfavorable for the city of Linz. The city of Linz always disregarded these suggestions.
Based on the breach of contract by the city of Linz, BAWAG P.S.K. now made use of its right, and was for the first time in a legal position, to terminate the swap transaction (since only the city of Linz so far had the right to terminate the transaction). By taking this measure, BAWAG P.S.K. has limited the risks in the interest of the city of Linz with regard to the continuing volatility of markets, and reduced the costs for the city of Linz.