Universal Registration Document 2024
2 RISK FACTORS AND INTERNAL CONTROL LEGAL AND ARBITRATION PROCEEDINGS
2.3
LEGAL AND ARBITRATION PROCEEDINGS
To date, other than the disputes mentioned below, neither Aéroports de Paris nor any of its subsidiaries have been in the past or are currently party to any legal action or arbitration procedure before an independent authority, government body or non-jurisdictional authority, that could give rise in the future, or has given rise in the last 12 months, to material adverse impacts on the financial position, business, results or assets of Aéroports de Paris or of its subsidiaries.
The overall consolidated provisions created for all Group litigation and claims is shown in note 8.1 to the consolidated financial statements in chapter 6.
REGULATORY LITIGATION FOR NEW DELHI AIRPORT Delhi airport operates with a system of double hybrid tiles. Aeronautical revenues are regulated via orders by the Airports Economic Regulatory Authority (AERA) over five– year periods, after consultations with stakeholders. Non aeronautical revenues are not regulated, however a contribution of 30% of these revenues to the regulated revenues is imposed. In 2020, DIAL (the concession holder for the Delhi airport) was granted a temporary extension of the conditions of the second regulation period, while waiting for the determination of the regulated tariffs for the third period, which was supposed to run between April 2019 and March 2024. As of 30 December 2020, the final order for the third regulatory period was published by the Airports Economic Regulatory Authority of India.
In addition, DIAL initiated arbitration proceedings regarding a dispute arising from the application by DIAL of the force majeure clause in the concession contract due to the impact of the Covid-19 pandemic on DIAL and the execution of its obligations. On 5 January 2021, the Delhi High Court granted DIAL, via a temporary order for relief, the right to suspend the payment of concession fees until an arbitration court rules on the matter. AAI (Airports Authority of India), a party to the arbitration, has appealed this decision. The case is still ongoing. The parties signed a settlement agreement on 25 April 2022 which set interim measures pending the final decision. On 6 January, the arbitral tribunal ruled in favour of GMR concerning the payment of the concession fees for the period from 1 April 2020 to 31 March 2022. On 7 March 2025, the Delhi High Court dismissed AAI's appeal, upholding the decision of the arbitral tribunal. AAI has made a new appeal. In May 2023, the Turkish courts of second instance dismissed the tax authorities' appeal, thereby upholding the position taken by the courts of first instance. The tax authorities have lodged an appeal against this decision with the Turkish Supreme Court of Appeals. The dispute is still pending. Similar proceedings are also underway for the years 2016 to 2019, with identical rulings made by the Turkish courts (first and second instance).
TAX LITIGATION IN TURKEY Following a tax audit that began in 2017, the Turkish tax authorities challenged the rate of withholding tax applied by a subsidiary on dividends distributed within the Group during 2014 and 2015. After unsuccessful attempts at conciliation with the tax authorities, in February 2019, the Group filed a dispute with the Turkish courts of first instance. The latter unanimously rendered a favourable judgement in December 2022. The Turkish tax authorities, without, however, putting forward any new arguments, appealed this decision.
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AÉROPORTS DE PARIS w UNIVERSAL REGISTRATION DOCUMENT 2024
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