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Current Report No. 37/2017

03.08.2017 00:00

Submission of further claims in connection with the termination of long-term contracts for the purchase of power and property rights

In reference to the current report no. 35/2017 of July 20, 2017 the Management Board of TAURON Polska Energia S.A. (the “Issuer”) informs that today it has received information on the submission, on August 2, 2017, to the Issuer’s power of attorney appointed in the lawsuit conducted before the Regional Court in Cracow, file reference no. IX GC 983/14, filed by Dobiesław Wind Invest sp. z o.o. with its registered office in Warsaw against the Issuer and the Issuer’s subsidiary, i.e. Polska Energia – Polska Kompania Handlowa sp. z o.o. (to prevent the imminent danger of damage to Dobiesław Wind Invest sp. z o.o., by obligating the Issuer and Polska Energia – Polska Kompania Handlowa sp. z o.o. to revoke the liquidation of Polska Energia – Polska Kompania Handlowa sp. z o.o. ), of a pleading of Dobiesław Wind Invest sp. z o.o. containing a change to the lawsuit.

The plaintiff changed the lawsuit’s claim in such a manner that it had withdrawn its original legal action against Polska Energia-Polska Kompania Handlowa sp. z o.o., while it changed the legal action against the Issuer from the claim to prevent the imminent danger of damage into the claim for the payment of compensation.

Dobiesław Wind Invest sp. z o.o. is demanding: - payment of PLN 34.7m including statutory interest accrued from the day the claim was filed until the payment date, - determination that the Issuer is liable towards Dobiesław Wind Invest sp. z o.o. for damages that may arise in the future, estimated by the plaintiff at PLN 254m (and stemming from the Issuer’s alleged torts), - that injunctive relief be granted against the Issuer for the amount of PLN 254m in case the court does not find the Issuer liable for the damages that may arise in the future.

The factual basis for the lawsuit, according to the plaintiff, is the termination by the Issuer’s subsidiary: Polska Energia – Pierwsza Kompania Handlowa sp. z o.o. with its registered office in Warsaw of the long-term contracts for the purchase of electricity and property rights arising from certificates of origin, as described by the Issuer in the current report No. 7/2015 of March 19, 2015.

The Issuer proceeded to analyze the submission and the documents attached as well as to draft the response to the submission filed by the plaintiff by the 6-week deadline set by the court. The preliminary assessment of the justification for the claims contained in the lawsuit indicates that they are completely groundless.​

 

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