As of 31 December 2017, the Group is involved in 569 legal proceedings regarding Generation, Distribution, Renewables and the Market (environment-related civil and criminal passive proceedings in which the Group is respondent and originating from actions brought by third parties for the annulment of favorable administrative measures).
The amount of the fines imposed on Group companies in 2017 amounted to around 2 million euro, mainly in South America. This sum also includes fines being appealed where provisional enforcement has not been granted. In South America, 17 new proceedings were opened in 2017, of which 59% related to the environmental biodiversity and the landscape, 23% referred to various matters, and 18% to air and climate.
There are several proceedings in progress in relation to nuclear activities in Spain, details of which can be found in the Endesa 2017 Sustainability Report (see the website www.endesa.com).
Enel Green Power SpA has also been served with a summons to appear before the Court of Ancona for alleged violation of Italian Legislative Decree 231/01. For details, please refer to Enel 2017 Annual
Colombia - Embalse del Muña dispute
The Embalse del Muña is a water reservoir serving a pumping system that draws water from the Bogotá river downstream of the city in the department of Cundinamarca. It is owned by the Emgesa SA Group and used for the production of energy.
In 2001, the inhabitants of Sibaté (a town near the lake) filed a “class action” against other national, provincial and municipal public bodies, as well as private entities operating near the banks of the Bogotá river, for damages of 1,130 million euro resulting from the contamination of the El Muña reservoir. The claims were merged into a single action due to their homogenous interests. In response to these claims, Emgesa SA has declared that it is not liable for the alleged events, since the basin receives already contaminated waters. Emgesa SA also requested the involvement in the proceedings of numerous public and private bodies that discharge into the Bogotá river or which, for various reasons, are responsible for environmental management of the riverbed. On appeal, the Council of State fully confirmed the decision of the Administrative Court of Cundinamarca, which among other things had denied Emgesa’s request to extend the suit to various third parties involved. An administrative complaint was filed against this decision, followed by an appeal.
In November 2017, the Administrative Court of Cundinamarca revoked the decision of the lower court with a ruling in favor of Emgesa SA. Several companies have filed a new appeal and proceedings are pending.