Receipt of Statement of Claim from Polska Energia – Pierwsza Kompania Handlowa Sp. z o.o. with its registered office in Warsaw (Counter Claim)

The Management Board of the company operating under the business name of Polenergia S.A. (“Issuer”) in reference to current reports Nos. 14/2015 or 23 March 2015, 24/2019 of 25 July 2019, 27/2019 of 21 August 2019, 54/2021 of 29 December 2021, 34//2022 of 17 November 2022, hereby reports that on 31 March 2023, Amon Sp. z o.o. with its registered office in Łebcz (“Amon”), the Issuer’s subsidiary, received a statement of claim from Polska Energia – Pierwsza Kompania Handlowa Sp. z o.o. with its registered office in Warsaw (“PKH”) with respect to Amon’s suit against PKH pending before the District Court in Gdańsk with file ref. No. IX GC 744/19 (the Issuer informed about filing the suit in current report No. 27/2019 of 21 August 2019), by means of which PKH filed a counter claim (“Counter Claim”), demanding that Amon pays PKH the amount of PLN 61,576,284.89 along with statutory default interest calculated in the following way: (i) on the amount of PLN 55,691,856.47 – from 31 March 2023 until the date of payment; (ii) on the amount of PLN 5,884,428.42 – from the day following the day of direct delivery of a copy of the Counter Claim by PKH to the attorney-in-fact of Amon.

The amount of PLN 55,691,856.47 is contractual penalty demanded by PKH allegedly pursuant to Par. 8(1) of the agreement on sale of property rights resulting from certificates of origin which confirm generation of electric energy in a renewable energy source, namely the Łukaszów Wind Farm, concluded on 23 December 2009 by Amon with PKH (“Property Right Sale Agreement”) and allegedly resulting from Amon’s failure to transfer the stipulated amount of property rights in individual months, starting from August 2019.

In turn, the amount of PLN 5,884,428.42 is compensation demanded by PKH for Amon’s alleged failure to perform, in the period between 18 November 2018 and 31 December 2022, of the Electric Energy Sale Agreement generated in a renewable energy source, namely the Łukaszów Wind Farm, executed on 23 December 2009 by Amon with PKH (“Energy Sale Agreement”).

The Counter Claim was not delivered to Amon by the Court, but directly to the attorneys-in-fact of PKH in case IX GC 774/19 and in consequence, in the Issuer’s assessment, such delivery is not legally valid.

The court, after assessing the legal requirements of the Counter Claim (i.e. its permissibility and fulfilment of formal and fiscal requirements), will decide as to whether and in which way to process it or whether to deliver it to Amon.

In the Issuer’s assessment, the claims from the Counter Claim are groundless.

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).