Current report No.: 5/2009
Current report No.: 5/2009
Date prepared: 20 January 2009
Short name of issuer: ENEA S.A.
Subject: Notification that Vattenfall AB has attained 18.7 per cent of the total number of votes in the public listed company ENEA S.A.
Legal basis: Article 70 par. 1 of the Act on Offerings – acquisition or disposal of significant blocks of shares
Content of the report:
Acting pursuant to Article 70 par. 1 of the Act on Public Offerings, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and Public Companies of 29 July 2005, the Issuer announces that on 19 January 2009 it came into possession of the following information:
“Acting pursuant to Article 69 of the Act on Public Offerings, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and Public Companies of 29 July 2005 (Journal of Laws 05.184.1539, as amended), in connection with attaining 18.7 per cent of the total number of votes in the listed company ENEA Spółka Akcyjna with its registered office in Poznań, Vattenfall AB with its registered office in Stockholm, Sweden, announces as follows:
1.Date and type of event causing a change in the ownership interest to which the announcement refers
On 13 January 2009 the District Court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division for the National Court Register, in closed session registered an increase of the share capital of ENEA S.A. from PLN 337,626,428 to PLN 441,442,578, by the issuance of 103,816,150 series C common bearer shares. After the increase was registered, the share capital of ENEA S.A. amounted to PLN 441,442,578. The total number of votes arising from all issued shares of ENEA S.A. is 441,442,578.
Vattenfall AB learned that the increase of the share capital of ENEA S.A. had been registered on 14 January 2009 on the basis of the ENEA S.A. Current Report No. 3/2009.
As a result of this increase, Vattenfall AB with its registered office in Stockholm, Sweden subscribed for 82,395,573 series C bearer shares.
2.The number of shares held before the change of the ownership interest and their percentage share in the company’s share capital and the number of votes granted by those shares, as well as their percentage share in the total number of votes
Prior to the change referred to above, Vattenfall AB did not hold shares in the share capital of ENEA S.A.
3.The number of shares currently held and their percentage share in the share capital of the company, and the number of votes granted by those shares and their percentage share in the total number of votes
a) the current number of shares is 82 395 573
b) the percentage of shares in the share capital of ENEA S.A. is 18.7 per cent
c) the number of votes granted by the shares is 82 395 573
d) the percentage share in the total number of votes is 18.7 per cent
4.Information concerning intentions to further increase the share in the total number of votes within 12 months of making an announcement and in order to increase that share – in the event that the announcement is made in connection with attaining or exceeding 10 per cent of the total number of votes
Vattenfall AB regards investment in the shares of ENEA S.A. as long-term investment and is not planning to dispose of them within 12 months from the date of this announcement. Vattenfall AB is considering an interest in the second stage of privatization of ENEA S.A., which could involve increasing the interest held in the share capital of ENEA S.A.
5.Subsidiaries of the shareholder making the announcement, holding shares of the company
There are no such subsidiaries.
6.Persons referred to in Article 87 par. 1 pt. 3 letter c.
Not applicable"