The Management Board of the company under the name of Polenergia S.A. (“Issuer”), with reference to current reports No. 14/2015 dated March 23, 2015, No. 27/2019 dated August 21, 2019, No. 6/2020 dated March 6, 2020, No. 21/2020 dated September 8, 2020, No. 48/2021 dated December 20, 2021, No. 54/2021 dated December 29, 2021, and No. 65/2023 dated December 28, 2023, hereby announces that on December 23, 2024, the District Court in Warsaw delivered to Talia sp. z o.o. with its registered office in Łebcz (“Talia”), a subsidiary of the Issuer, a copy of the lawsuit filed by Polska Energia – Pierwsza Kompania Handlowa sp. z o.o. with its registered office in Warsaw (“PKH”) for payment of PLN 75,334,631.53 with statutory default interest calculated as follows: (i) from the amount of PLN 41,860,569.50 – from September 8, 2023 to the date of payment; (ii) from the amount of PLN 33,474,062.03 – from the day following the date of service of a copy of Talia’s lawsuit until the date of payment.
The amount of PLN 41,860,569.50 consists of contractual penalties claimed by PKH allegedly on the basis of § 8 sec. 1 of the Property Rights Sale Agreement resulting from certificates of origin confirming the generation of electricity in a renewable energy source – Modlikowice Wind Farm concluded on 23 December 2009 by Talia with PKH (“Property Rights Sale Agreement”) and allegedly resulting from Talia’s failure to maintain the quantities of property rights provided for in individual months starting from June 2019.
The amount of PLN 33,474,062.03 in turn constitutes compensation claimed by PKH for Talia’s alleged failure to perform the Agreement for the sale of electricity generated in a renewable energy source – Modlikowice Wind Farm concluded on 23 December 2009 between Talia and PKH (“Energy Sale Agreement”).
Talia has commenced analysis of the claim and will file a response to the claim within the time limit set by the District Court. In the Issuer’s opinion, the claims covered by the lawsuit are unfounded.
Legal basis: Article 17 paragraph 1 of the Regulation (EU) No. 596/2014 of the European Parliament and of the Council on market abuse and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (Journal of Laws of the EU, L. of 2014, No. 173, p. 1, as amended).
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