LODGEMENT OF PETITION BY A SUBSIDIARY OF POLENERGIA S.A. – POLENERGIA OBRÓT S.A. – AGAINST JERONIMO MARTINS POLSKA S.A.

The Management Board of the company operating under the business name of Polenergia S.A. (“Issuer”), in reference to current report No. 25/2022 of 15 June 2022, hereby reports that on 1 December 2022, the Issuer’s subsidiary – Polenergia Obrót S.A. (“POLO”) – lodged a petition to the District Court in Warsaw against Jeronimo Martins Polska S.A. (“JMP”) for payment of the amount of PLN 40,853,352.00 along with statutory interest for delays in commercial transactions, calculated from the date of lodgement of the petition until the payment date.

The petition refers to the claims from electricity sale agreements of 23 September 2021 (“Agreements”) pertaining to the delivery by POLO of electricity to the commercial facilities and logistics centres of JMP indicated in the Agreements.

The amount sought in the petition is the total of POLO’s receivables resulting from partially unpaid VAT invoices for sale of electricity in the period between 1 May 2022 to 31 May 2022 (PLN 39,528,578.00) and receivables resulting from default interest in commercial transactions calculated on this amount for the period from 2 July 2022 to the day preceding the date of lodgement of the petition (PLN 1,324,774.00).

The petition was filed given the fact that the JMP’s declaration on setting off the amounts covered by the summons for payment from POLO’s receivables from JMP was found ungrounded; the Issuer reported about it in current report No. 25/2022.

Legal basis: Art. 17(1) of Regulation of the European Parliament and Council (EU) No. 596/2014 on market abuse and repealing Directive 2003/6/EC of the European Parliament and Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (Journal of Laws of the European Union L of 2014, No. 173, p. 1 as amended).