Other pro visions Securit as in G erman y has set tled a dispute with Deutsche B ank concernin g a cert ain contr act mat ter from 2006 in v olvin g a Let ter of Comfort and has a greed to pa y the B ank an amount of ME UR 10.0 in return for a full release of all present and future claims. The set tlement amount is included in Other pro visions in the t able abo v e and has been paid on Januar y 10, 2013. N O TE 36 Pledged as se ts M SEK 2012 2011 2010 Pension balances defned contribution plans 82.6 74.3 72.1 f inance leases 83.6 86.8 85.7 T ot al pled g ed assets 166.2 161.1 157.8 N O TE 37 Contingent liabilitie s M SEK 2012 2011 2010 Sureties and guar antees 1 54.1 56.9 56.2 Guar antees related to discontinued oper ations 18.6 20.7 18.9 T ot al contin g ent liabilities 72.7 77.6 75.1 1 Guar antees on behalf of related parties are accounted for in note 7. In addition to the contin g ent liabilities accounted for in the t able abo v e , the follo win g contin g ent liabilities, for which no amount can be determined, also e xis t: Br azil – Es trela Azul In connection with the eforts of Securit as to e xpand its activities in L atin America, Securit as entered into an a greement in 2005 with respect to the possible acquisition of a guar din g compan y in Br azil. In or der to support this compan y while required g o v ernment al appro v als w ere soug ht , Securit as pro vided a bank guar antee for the beneft of the subject compan y . The g o v ernment al appro v als took much lon g er than anticipated to obt ain and durin g such period the fnancial condition of the t ar g et compan y subs t antially deterior ated. G iv en the decline in the fnancial condition of the compan y , in December 2006 Securit as e x ercised its rig ht not to complete the acquisition. The g o v ernment al appro v al had then been receiv ed. In view of the decision not to complete the subject tr ansaction, a pro vision in the amount of the bank guar antee w as recogniz ed as of December 31, 2006. The compan y fled for protection from its creditor s under Br azilian le g isla - tion pro vidin g for a judicial res tructurin g process. Securit as, ha vin g applied to be re g is tered as a creditor in the insolv enc y mat ter , objected to the compan y’ s res tructurin g plan proposed in the judicial res tructurin g process. The insolv enc y jud g e decided a gains t Securit as ’ objections and this decision w as appealed b y Securit as in 2008. The Court of Appeal upheld the lo w er courts ’ decision. The compan y has thereafter , on No v ember 9, 2009, been declared bankrupt and the res tructurin g process has been replaced b y bankruptc y proceedin g s. In connection with the judicial res tructurin g process, the compan y (no w in bankruptc y) asserted a claim of M U SD 140 a gains t Securit as, alle g in g that Securit as is responsible for the compan y’ s fnancial failure . Securit as denies all responsibilit y for such claim. The defense of these cases has been entrus ted to one of the leadin g la w frms in Br azil. In a decision b y the fr s t ins t ance court in Br azil the claim w as fully rejected. The jud gment w as appealed b y the bankruptc y es t ate to the Br azilian Court Appeals and this Court decided on formal grounds to nullif y the jud gment and to remand the case to the fr s t ins t ance court for retrial. The fr s t ins t ance court has decided to allo w new e vidence to be allo w ed in the case . Securit as main - t ains its pre vious position to the claim. In addition, se v er al former emplo y ees of Es trela Azul ha v e sued Securit as and other parties in court and claim inter alia w a g es and other compensations in pendin g labor suits. The number of labor la w cases in v olvin g Securit as decreased durin g 2011 and the number of new cases where Securit as is a named defendant decreased signifcantly in 2012. The claimed amounts are in a v er a g e relativ ely lo w . The defense of these labor cases has been entrus ted to one of the leadin g labor la w frms in Br azil – specializin g in labor la w mat ter s. Securit as denies all responsibilit y for such labor claims. Spain – t ax audit The Spanish t ax authorit y has in connection with an audit of Securit as Spain challen g ed cert ain interes t deductions and in a t ax resolution in June 2009 and fourth quarter 2012 decided to reject interes t pa yments made for the y ear s 2003–2005 and 2006–2007 respectiv ely . The 2012 resolution w as e xpected as a consequence of the resolution receiv ed in 2009. If fnally upheld b y Spanish courts, the resolution b y the Spanish t ax authorities w ould result in a t ax of m E u R 26 includin g interes t . Securit as has durin g 2011 los t the case referrin g to the y ear s 2003–2005 at fr s t le v el court (T ribunal Economico Adminis tr ativ o Centr al) and appealed the case to the national court Audiencia Nacional. Securit as belie v es it has acted in accor dance with applicable la w and will defend its position in court . Ho w e v er , the t ax resolution causes some uncer - t aint y and it ma y t ak e a lon g time until a fnal jud gment is made . T o a v oid future challen g es of interes t deductions the Group has in 2009 adjus ted the capit alization of Securit as Spain. U SA – the e v ents of September 11, 2001 A det ailed account of the de v elopments surroundin g the e v ents of Septem - ber 11, 2001 has been presented in press releases and interim and annual reports for 2001 to 2011. Securit as subsidiar y Globe A viation Ser vices Corpor ation (“ Globe ”) and other group companies, tog ether with the rele v ant airline and other parties, remain defendants in one la wsuit re gar din g propert y and business dama g e pert ainin g to the e v ents of September 11, 2001. In 2011, the las t wron g ful death case pendin g a gains t Globe and other Securit as companies w as dis - missed. Throug h a set tlement with the ma jorit y of the plaintifs in the propert y dama g e claims in the case the ma jorit y of such claims w as set tled. The set tle - m e n t a greement has been confrmed b y the Court of Appeals and became thereb y fnal and bindin g. The remainin g propert y dama g e claim is such that the v alue of the claims fled can e x ceed the insur ance co v er a g e es timated to e xis t as a potential source of reco v er y . The potential e xposure has ho w e v er been reduced due to court decisions limitin g the liabilit y of Globe and the o t h e r defendants. Due to the s t atutor y liabilit y cap in relation t o t h e e v e n t s of September 11, 2001, an y such liabilit y w ould also be limited to the amount of liabilit y insur ance co v er a g e maint ained at the time of the incident . Globe and the other group companies and the other defendants in the propert y dama g e case are challen g in g the claim in all material respects. All co v er a g e disputes with the rele v ant September 11, 2001 insurer s ha v e been resolv ed. The proceedin g s a gains t other Securit as group companies than Globe ha v e , with the consent of the Court and the Plaintifs, been tempor arily s t a y ed. An y liabilities arisin g out of the September 11, 2001 litigation are not e xpected to materially impact Securit as ’ business oper a - tion or fnancial position. U SA – t ax audit The U .S . t ax authorities ha v e , after fnalizin g an audit of Securit as U SA for the y ear s 2003–2004, issued a notice on July 1, 2010 disallo win g cert ain deductions for insur ance premiums. Securit as is of the opinion that it has acted in accor dance with the la w and will defend its position in u .S . T ax courts. It ma y t ak e se v er al y ear s until a fnal jud gment is a w ar ded. If the notice is fnally upheld b y the U .S . T ax courts a jud gment could result in a t ax of m u SD 60 plus interes t . Other proceedin g s Ov er the y ear s, Securit as has made a number of acquisitions in diferent countries. As a result of such acquisitions, cert ain contin g ent liabilities of the businesses acquired ha v e been assumed. The risks relatin g to such contin g ent liabilities are co v ered b y contr actual indemnifcation, insur ance or adequate reser v es. Companies within the Securit as Group are also in v olv ed in a number of other le gal proceedin g s and t ax audits arisin g out of the business. An y liabil - ities arisin g out of such proceedin g s are not e xpected to be material to the business oper ations or the fnancial position of the Group . 117 Annual R eport Notes and comments to the consolidated fnancial s t atements Securit as Annual R eport 2012