17 Contingent Liabilities, Other Financial Obligations and Other Risks

Contingent Liabilities

Contingent liabilities are potential obligations that are based on past events and the evidence of their existence will not be confirmed until the occurrence of one or more uncertain future events that are beyond the Group’s influence. Present obligations, moreover, can likewise be contingent liabilities if the likelihood of an outflow of resources is not strong enough to justify the creation of a provision and /or the amount of the obligations cannot be estimated with sufficient reliability. The values assigned to contingent liabilities correspond to the extent of liability that exists on the reporting date.

The contingent liabilities shown below are nominal values.

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€ million

 

2015

 

2014

 

 

 

 

 

Guarantees

 

0.6

 

0.5

 

 

 

 

 

It is unlikely that the remaining guarantees will be utilized.

Other Financial Obligations and Other Risks

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€ million

 

2015

 

2014

 

 

 

 

 

Obligations from rent and operating leases

 

 

 

 

Due within one year

 

38.2

 

30.3

Due between one and five years

 

64.6

 

64.9

Due after five years or more

 

35.7

 

43.7

Total

 

138.5

 

138.9

 

 

 

 

 

Lease payments occasioned by operating leases

 

44.1

 

31.7

Total expected minimum lease payments from subtenancies

 

2.9

 

1.1

 

 

 

 

 

The Group leases property, plant and equipment, motor vehicles and IT equipment by way of rental agreements and operating leases. These leases generally have terms of between three and five years. Tenancy agreements for office space, property, plant and equipment, etc. have considerably longer terms. Due to regulatory requirements, the Group is also leasing the land on which its production facilities in Singapore were built.

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€ million

 

2015

 

2014

 

 

 

 

 

Obligations from orders for planned investment projects (commitments)

 

205.0

 

421.6

 

 

 

 

 

Obligations from orders for planned investment projects (commitments) amount to € 205.0 million (2014: € 421.6 million) and mainly concern investments in the WACKER POLYSILICON segment.

The Group ensures capacity utilization at its joint venture company with Dow Corning via long-term purchasing commitments of some € 100.0 million annually (2014: € 100 million). The contractually agreed transfer prices led to creation of a provision for onerous contracts, included in other provisions.

Within the framework of its raw-material supplies, WACKER has entered into long-term agreements to purchase strategic raw materials, electricity and gas. Correspondingly, in net terms the company has other financial obligations arising from major minimum purchasing obligations in the amount of € 1.58 billion (2014: € 2.06 billion). The agreements have terms of between one and eight years. The Group has obligations in the amount of € 13.6 million to take back stock from consignment warehouses (2014: € 10.2 million).

The Group receives government incentives and allowances for investing activities. These incentives are granted on condition that a certain number of jobs be created or maintained at certain sites. If these contractual commitments are not fulfilled, any funding received must be paid back either in full or in part. The period for which the Group has to fulfill its contractual commitments is limited.

WACKER is occasionally involved in legal or arbitration proceedings as well as official investigations and actions. Pending proceedings can have a negative impact on WACKER’s earnings, net assets or financial position. At the present time, WACKER does not expect any significant negative effects from pending proceedings.