DHL 2000 Annual Report Download - page 134
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(42) Contingent liabilities
Contingent liabilities are possible obligations the ex-
istence of which will be confirmed only by the occur-
rence of one or more uncertain future events not whol-
ly within the company’s control. Contingent liabilities
may also represent obligations which are unlikely to
cause an outflow of economic resources or whose
amount cannot be measured with sufficient reliability.
The Group’s contingent liabilities include specifically:
At present, five proceedings are pending at the Euro-
pean Commission or the European Court of Justice,
respectively.Three of these proceedings relate to the
European law on competition, one proceeding deals
with subsidy supervision and the other relates to a
complaint against the approval of the investment in
DHL International.
The proceedings concerning competition relate to
complaints of competitors who accuse Deutsche Post
AG of misusing its market-dominating position.On
March 20,2001 the European Commission completed
the proceedings concerning the violation of rules of
competition through below-cost-prices and inadmis-
sible discount agreements in the mail order business.
A monetary fine of €24 million has to be paid; the
amount is covered by an accrual amounting to €26
million. The other procedures are still pending and
their outcome is completely open at present.
Due to the complaints of two competitors of Deutsche
Post AG,in 1999 the European Commission initiated
proceedings against the Federal Republic of Germany
in accordance with Article 88(2) of the EC Treaty. In
their complaints,the competitors allege that Deutsche
Post AG received a considerable amount of unlawful
State subsidies from the Federal Republic of Germany.
The European Commission subsequently informed
the Federal Government that,in accordance with Ar-
ticle 14 of Council Regulation (EC) no. 659/1999,all
unlawful subsidies must be reclaimed.
In a comprehensive statement addressed to the Euro-
pean Commission,the Federal Government rejected
the allegations made and demonstrated why no un-
lawful subsidies had been paid. The outcome of the
proceeding is not sure as yet. Deutsche Post AG ex-
pects, however, that the case will be closed upon the
conclusion that no unlawful subsidies have been paid
and that there is no obligation for repayment. Provi-
sions for possible repayments have not been set up
since the likelihood of a repayment obligation cannot
be sufficiently determined.
126
Value guarantees 765 755
Warranty commitments 371 100
Contingent liabilities arising from litigation costs 70 77
Contingent liabilities arising from
third party claims 43 50
Other contingent liabilities 1,204 1,301
Contingent refunds 0 –5
2,453 2,278
19 9 92000
in € millions