Group December 31, |
Parent Company December 31, |
|||
---|---|---|---|---|
2013 | 2014 | 2013 | 2014 | |
Guarantees and other commitments | ||||
On behalf of subsidiaries | — | — | 1,635 | 1,711 |
On behalf of external counterparties | 1,458 | 3,616 | 156 | 2,014 |
Employee benefits in excess of reported liabilities | — | 123 | 24 | 18 |
Total | 1,458 | 3,739 | 1,815 | 3,743 |
In 2014, it was announced that AB Electrolux has entered into an agreement to acquire the appliances business of General Electric. Completion of the transaction is mainly subject to regulatory approvals. The acquisition is expected to close during 2015. Unless the parties agree otherwise, Electrolux has agreed to pay a termination fee of USD 175m in certain circumstances involving termination of the agreement due to the failure to obtain regulatory approvals. For further information on the acquisition, see page 87 in the Board of Directors report.
Of the remaining Guarantees and other commitments on behalf of external counterparties a large part is related to US sales to dealers financed through external finance companies with a regulated buy-back obligation of the products in case of dealer’s bankruptcy.
In addition to the above contingent liabilities, guarantees for fulfillment of contractual undertakings are given as part of the Group’s normal course of business. There was no indication at year-end that payment will be required in connection with any contractual guarantees.
Litigation and claims related to asbestos are pending against the Group in the US. Almost all of the cases refer to externally supplied components used in industrial products manufactured by discontinued operations prior to the early 1970s. The cases involve plaintiffs who have made substantially identical allegations against other defendants who are not part of the Electrolux Group.
As of December 31, 2014, the Group had a total of 3,070 (2,980) cases pending, representing approximately 3,129 (approximately 3,040) plaintiffs. During 2014, 1,172 new cases with 1,180 plaintiffs were filed and 1,082 pending cases with approximately 1,091 plaintiffs were resolved.
The Group continues to operate under a 2007 agreement with certain insurance carriers who have agreed to reimburse the Group for a portion of its costs relating to certain asbestos lawsuits. The agreement is subject to termination upon 60 days notice and if terminated, the parties would be restored to their rights and obligations under the affected insurance policies.
It is expected that additional lawsuits will be filed against Electrolux. It is not possible to predict the number of future lawsuits. In addition, the outcome of asbestos lawsuits is difficult to predict and Electrolux cannot provide any assurances that the resolution of these types of lawsuits will not have a material adverse effect on its business or on results of operations in the future.
In July 2004, a gas explosion occurred on Husqvarna’s property in Ghislenghien, Belgium, resulting in the loss of 24 lives and substantial personal injuries and property damage. In 2012, the Belgium Supreme Court concluded that Husqvarna together with other parties were found liable for the accident and jointly and severally liable for the damages. As a former subsidiary of Electrolux, Husqvarna is covered by Electrolux liability insurance program for 2004. This program is reinsured by external insurance companies. Electrolux believes that losses which Husqvarna is covered for under Electrolux insurance program are correspondingly covered by the external reinsurance program.
The Group is involved in a legal proceeding in Egypt relating to the privatization of an Egyptian subsidiary. The proceeding is currently on-going in the court of first instance in Cairo, Egypt. Electrolux believes that the lawsuit is without legal merit. In case of a negative outcome, Electrolux believes that losses will largely be covered by guarantees obtained by Electrolux in connection with the acquisition of Olympic Group in 2011.
In October 2013, the Group became the subject of an investigation by the French Competition Authority regarding a possible violation of antitrust rules. It is too early to assess if and to what extent the investigation may affect the Group’s financial position.
The Group is a named defendant in a lawsuit in the US that has been certified as a class action. The case concerns alleged presence of mold in some of the Group’s front-load washers. The Group disputes the merits of the case and intends to defend it vigorously. The outcome of this class action is difficult to predict. It cannot be ruled out, however, that a resolution of this case unfavorable to the Group could have a material adverse effect on the Group’s financial position.