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Current Report No. 40/2020

08.09.2020 17:20

Ruling of the Regional Court related to Polska Energia - Pierwsza Kompania Handlowa sp.z o.o.

In reference to the current report no. 7/2015 of March 19, 2015, on the termination of the contracts for the purchase of electricity and property rights by a subsidiary and the current report No. 6/2020 of March 6, 2020, on the preliminary and partial ruling, issued on March 6, 2020, in the lawsuit filed in 2015 against Polska Energia - Pierwszy Kompania Handlowa sp. z o.o. (a subsidiary of TAURON Polska Energia S.A., "PKH") by Talia sp. z o.o., TAURON Polska Energia S.A. ("Issuer") informs that on September 8, 2020, the Regional Court in Gdańsk ("Court") supplemented the above-mentioned partial and preliminary ruling in the form of another ruling in such a way that it determined that the demand for payment of the damages for a failure to perform a long term electricity sales contract concluded on December 23, 2009, between PKH and Talia sp. z o.o., had been justified in principle, however the Court did not determine in any way the amount of the potential damages.

The supplementary ruling was issued in the first instance and is not legally binding. The ruling was only justified very briefly verbally. PKH does not agree with the supplementary ruling in its entirety and is of the opinion that it was completely groundless with respect to the subject matter and it was issued with a material breach of the procedure, among others due to the fact that the evidentiary proceedings had not been conducted at all to the extent critical, both for the ability to supplement the ruling, as well as for the prior issuance of the preliminary and partial ruling in this case. PKH will forthwith request that the Court serve the ruling issued today, including the statement of reasons in writing, and proceed to the analysis thereof in order to file an appeal as soon as possible.

Art. 17, section 1 of the MAR Regulation – inside information.

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