Judgement of the Court of Appeal in a case brought by the Issuer
Legal basis: Article 17(1) of the Market Abuse Regulation (MAR) – confidential information.
The Management Board of Polimex Mostostal S.A. with the registered office in Warsaw (the “Issuer”) informs about the judgement of the Civil Division of the Court of Appeal in Katowice (the “Court of Appeal”) in the second instance, in a case brought by the Issuer against the City of Katowice (the “Ordering Party") in connection with the withdrawal from the agreement concluded on 3 October 2011 for the "Construction of the multifunctional International Congress Centre in Katowice" (the "Agreement"). The details of the Agreement were published in the Issuer’s current report No 58/2011 of 4 October 2011. The withdrawal from the Agreement was disclosed in the Issuer’s current report No 75/2012 of 20 September 2012. In the first instance, the 2nd Civil Division of the District Court in Katowice (the "District Court") awarded the Issuer with a compensation in the amount of PLN 17.5 million. With today’s judgement, the Court of Appeal revised the decision of the District Court in the case at hand as follows: (i) it increased the amount of the awarded compensation from circa PLN 17.5 million to circa PLN 26.1 million and (ii) it confirmed that the interest charged from 31 December 2015 has the status of statutory interest and from 1 January 2016 it constitutes statutory interest for late payment. The Court also dismissed the appeal of the Ordering Party in its entirety and it dismissed the appeal of the Issuer in the remaining scope, as well as ordered the Issuer to cover the costs of the appeal proceeding in the amount of circa PLN 53.6 thousand. The compensation awarded by the Court of Appeal to the Issuer, including the interest, amounts to approximately PLN 40.4 million. The judgement of the Court of Appeal is final.