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4.1 CONSOLIDATED FINANCIAL STATEMENTS AND NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS

Note 14. Other non-current provisions and liabilities and legal and arbitration proceedings

DANONE

REGISTRATION DOCUMENT 2015

136

NOTE 14. OTHER NON-CURRENT PROVISIONS AND LIABILITIES

AND LEGAL AND ARBITRATION PROCEEDINGS

Note 14.1. Accounting principles

Other non-current provisions and liabilities consist mainly of:

•

provisions;

•

investment subsidies.

Other non-current provisions and liabilities also include the short-

termportion due in less than one year since it is deemed immaterial.

Provisions are recognized when the Group has a present obligation

to a third party and it is certain or probable that this obligation will

result in a net outflow of resources for the Group. The timing or

amount of the net outflow may be uncertain, but the amount must

be estimated in a reliable manner. A provision is reversed when it

no longer appears probable that the corresponding payment or an

outflow of resources will occur (provision not utilized).

Note 14.2. Carrying amount and change during the period

As of

December 31,

2014

Changes during the period

As of

December 31,

2015

(in € millions)

Increase

Reversal

Reversal

(not utilized)

Translation

differences

Other

Restructuring provisions

71

51

(26)

(6)

−

−

90

Other provisions for risks

and charges

652

264

(79)

(87)

(15)

(5)

730

Investment subsidies

14

1

−

−

−

−

14

Total

(a)

737

316

(105)

(93)

(15)

(6)

834

(a) The portion due in less than one year totaled €64 million as of December 31, 2015 (€45 million as of December 31, 2014).

Changes to Other non-current provisions and liabilities for 2015

were as follows:

•

increases result primarily from lawsuits against the Company

and its subsidiaries in the normal course of business;

•

reversals occur when corresponding payments are made or

when the risk is considered extinguished. Unused reversals

relate mainly to reassessments and situations where some

risks, notably tax risks, cease to exist;

•

other changes correspond primarily to reclassifications and

changes in scope.

As of December 31, 2015, Other provisions for risks and charges

consist mainly of provisions for legal, financial and tax risks as well

as provisions for multi-year variable compensation granted to some

employees, with these provisions established in the context of the

Group's normal course of business.

Also as of this date, the Group believes that it is not subject to risks

that could, individually, have a material impact on its financial

situation or profitability.

Note 14.3. Legal and arbitration proceedings

In general, the Company and its subsidiaries are parties to legal

proceedings arising in the normal course of business, in particular

by competition authorities in certain countries. Provisions are reco-

gnized when an outflow of resources is probable and the amount

can be reliably estimated.

Proceedings related to the false alarm given

by Fonterra on certain ingredients supplied

to the Group in Asia in 2013

See Note 6.2 of the Notes to the consolidated financial statements.

Proceedings related to the decision of the Spanish

National Authority for Markets and Competition

See Note 6.5 of the Notes to the consolidated financial statements.

Other proceedings

To the best of the Group's knowledge, no other governmental, court

or arbitration proceedings are currently ongoing that are likely to

have, or have had in the past 12 months, a material impact on the

Group's financial position or profitability.