Litigation
update
Luxembourg - April 5, 2004 - Gemplus International S.A. (Euronext:
LU0121706294 - GEM and NASDAQ: GEMP), the world's leading provider of smart card
enabled solutions, today reported the recent developments in a lawsuit
concerning an alleged breach of contract by Gemplus S.A., a subsidiary of
Gemplus International S.A. in France, regarding the promotion of smart card
solutions for casino slot machines.
As requested by Gemplus S.A., on April 2, 2004, the Aix-en-Provence Court of
Appeal decided to suspend the decision of the Marseille Commercial Court
rendered on March 18, 2004, that had ordered Gemplus S.A. to make a direct
payment to the plaintiffs of damages of approximately 22 million euros, despite
Gemplus S.A.'s immediate appeal. The Court of Appeal also ordered Gemplus S.A.
to make a cash deposit in the same amount into an escrow account as security
pending the decision on the appeal on the merits.
Following the recent decision of the Commercial Court, and based on the
Company's analysis and advice of counsel, the Company decided to increase the
provision made for this case in its first quarter 2003 (1.8 million euros) by an
amount of 3.4 million euros. This results in a total provision for this case of
5.2 million euros in the Company's consolidated accounts at December 31, 2003.
As a consequence, the operating results relating to the fiscal year and
fourth quarter 2003 will show a decrease of 3.4 million euros compared to what
was previously announced. This accounting treatment complies with IFRS1
and Luxembourg GAAP2 . The latter recommends that,
up to the sending of the annual accounts to the shareholders before the annual
shareholders meeting, the consequences of an event subsequent to the close of a
fiscal year should be integrated into the past fiscal year accounts. The
financial statements including this change will be available on the Group's web
site (www.gemplus.com) when the annual
accounts are sent to shareholders for the annual shareholders meeting that will
take place on April 27, 2004.
The payment into the escrow account will be credited during the second
quarter 2004 ending June, 30, 2004. This amount will be considered as restricted
cash and, as such, will be booked in other current assets, as of the second
quarter 2004.
As previously reported, this lawsuit was commenced in 1997 relating to an
alleged breach of a contract signed in 1992. The case involves a market segment
which, from Gemplus's point of view, has very little or no development
potential, as confirmed by the lack of evolution in this segment to date. The
conclusions of the expert's report, on which the Marseille Commercial Court
based its decision of March 18, 2004, are that the development potential of this
segment is very significant. Gemplus S.A. contested the expert's report as well
as the related estimated damages and the merits of the case on various grounds,
and immediately filed an appeal.
Notes
1. International Financial Reporting Standard
2. Generally Accepted Accounting Standards
About Gemplus
Gemplus International S.A.(Euronext: LU0121706294 - GEM and NASDAQ: GEMP) is
the world's leading player in the smart card industry in both revenue and total
shipments (source 2002: Gartner Dataquest, Frost & Sullivan, Datamonitor.)
It has the largest R&D team, unrivalled experience, and an outstanding track
record of technological innovation.
Gemplus offers an exceptional range of portable, personalized solutions that
bring security and convenience to people's lives. These include Mobile
Telecommunications, Public Telephony, Banking, Retail, Transport, Identity,
WLAN, Pay-TV, e-government, access control, and a wealth of other applications.
Gemplus' revenue in 2003 was 749 million Euros.
www.gemplus.com
For more information, contact:
Marielle Bricman
Gemplus Press Relations
Tel: +33 (0) 4 42 36 55 96
Mob : +33 (0) 6 74 68 72 82
Email: marielle.bricman@gemplus.com
Celine Berthier
Gemplus Investor Relations
Tel: +41 22 544 5065
Email: celine.berthier@gemplus.com
©2004 Gemplus. All rights reserved. Gemplus and the Gemplus logo are
trademarks and service marks of Gemplus S.A. and are registered in certain
countries. All other trademarks and service marks, whether registered or not in
specific countries, are the property of their respective owners.
Some of the statements contained in this release constitute
forward-looking statements. These statements relate to future events or our
future financial performance and involve known and unknown risks, uncertainties,
and other factors that may cause our or our industry's actual results, levels of
activity, performance or achievements to be materially different from any future
results, levels of activities, performance, or achievements expressed or implied
by such forward-looking statements. Actual events or results may differ
materially. Although we believe that the expectations reflected in the
forward-looking statements are reasonable, we cannot guarantee future results,
levels of activity, performance or achievements. Factors that could cause actual
results to differ materially from those estimated by the forward-looking
statements contained in this release include, but are not limited to: trends in
wireless communication and mobile commerce markets; our ability to develop new
technology, and the effects of competing technologies developed and expected
intense competition generally in our main markets; profitability of our
expansion strategy; challenges to or loss of our intellectual property rights;
our ability to establish and maintain strategic relationships in our major
businesses; our ability to develop and take advantage of new software and
services; and the effect of future acquisitions and investments on our share
price. Moreover, neither we nor any other person assumes responsibility for the
accuracy and completeness of such forward-looking statements. The
forward-looking statements contained in this release speak only as of this
release. We are under no duty to update any of the forward-looking statements
after this date to conform such statements to actual results or to reflect the
occurrence of anticipated results.
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