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Current Report No. 42/2010

Title: Notification of a change in the share of the State Treasury in the total number of votes in ENEA S.A.
Date: 2010.05.11
Report no.:  Current Report No. 42/2010

Current Report No. 42/2010

Date prepared: 5 November 2010

Short name of issuer: ENEA S.A.

Subject: Notification of a change in the share of the State Treasury in the total number of votes in ENEA S.A.

Legal basis: Article 70 par. 1 of the Act on Public Offerings – acquisition or disposal of substantial blocks of shares

Content of report:

Acting in accordance with Article 70 par. 1 of the Act on Public Offerings and the Conditions for Introducing Financial Instruments to the Organised Trading System and on Public Companies of 29 July 2005, the Management Board of ENEA S.A. announces that, on 5 November 2010, it received a notification having the following content:

“Acting on the basis of Article 69 of the Act on Public Offerings and the Conditions for Introducing Financial Instruments to the Organised Trading System and on Public Companies of 29 July 2005 (unified text of Journal of Laws of 2009, No. 185 item 1439, as amended), the Minister of the State Treasury of the Republic of Poland hereby announces that circumstances specified in Article 69 par. 2 pt. 2 of the Act have occurred.

Date and type of event causing the change in the shareholding which the notification concerns:

A transfer of 12,311,709 (say: twelve million three hundred and eleven thousand seven hundred and nine) shares comprising a 2.79 (say: two point seven nine) per cent share of the share capital of ENEA S.A. took place from 22 October to 2 November 2010 as a result of the State Treasury concluding agreements for the transfer of shares in ENEA S.A. with entitled employees and their legal successors in accordance with the Act on Commercialisation and Privatisation of 30 August 1996 and the Act on the Principles of Acquiring Shares from the State Treasury in the Process of Consolidating Power Industry Companies of 7 September 2007.

TOTAL NUMBER OF SHARES (i.e. data accounting for registered and bearer shares held by the State Treasury in the share capital of ENEA S.A.):

The number of shares held before the change in the shareholding and their percentage of the share capital of the company, as well as the number of votes attached to those shares and their percentage of the total number of votes:

(a) the number of shares held by the State Treasury in the share capital of ENEA S.A. before the change covered by this notification was 255,592,851

(b) the percentage of the shares referred to in pt. (a) above in the share capital of ENEA S.A. was 57.90 per cent

(c) the number of votes attached to the shares indicated in pt. (a) was 255,592,851

(d) the percentage of the votes referred to in pt. (c) in the total number of votes was 57.90 per cent.

The number of shares currently held and their percentage of the share capital of the company, as well as the number of votes attached to those shares and their percentage of the total number of votes:

(a) the number of shares currently held by the State Treasury in the share capital of ENEA S.A.

(i.e. after the change covered by this notification) is 243,281,142

(b) the percentage of the shares referred to in pt. (a) above in the share capital of ENEA S.A. is 55.11 per cent.

(c) the number of votes attached to the shares indicated in pt. (a) is 243,281,142

(d) the percentage of the votes referred to in pt. (c) in the total number of votes is 55.11 per cent.

REGISTERED SHARES (i.e. data accounting solely for registered shares held by the State Treasury in the share capital of ENEA S.A.):

The number of shares held before the change in the shareholding and their percentage of the share capital of the company, as well as the number of votes attached to those shares and their percentage of the total number of votes:

(a) the number of shares held by the State Treasury in the share capital of ENEA S.A. before the change covered by this notification was 30,456,911

(b) the percentage of the shares referred to in pt. (a) above in the share capital of ENEA S.A. was 6.90 per cent

(c) the number of votes attached to the shares indicated in pt. (a) was 30,456,911

(d) the percentage of the votes referred to in pt. (c) in the total number of votes was 6.90 per cent.

The number of shares currently held and their percentage of the share capital of the company, as well as the number of votes attached to those shares and their percentage of the total number of votes:

(a) the number of registered shares currently held by the State Treasury in the share capital of ENEA S.A. (i.e. after the change covered by this notification) is 18,145,202

(b) the percentage of the shares referred to in pt. (a) above in the share capital of ENEA S.A. is 4.11 per cent

(c) the number of votes attached to the shares indicated in pt. (a) is 18,145,202

(d) the percentage of the votes referred to in pt. (c) in the total number of votes is 4.11 per cent.

BEARER SHARES (i.e. data accounting solely for bearer shares held by the State Treasury in the share capital of ENEA S.A.):

The number of bearer shares held by the State Treasury before the change in the shareholding, their percentage of the share capital of the company, the number of votes attached to those shares, and their percentage of the total number of votes did not change, and therefore:

(a) the number of shares held by the State Treasury in the share capital of ENEA S.A. before and after the change covered by this notification amounts to 225,135,940, and not – as erroneously stated in the notification of 27 October 2010 – 255,135.940

(b) the percentage of the shares referred to in pt. (a) above in the share capital of ENEA S.A. is 51 per cent

(c) the number of votes attached to the shares referred to in pt. (a) is 225,135,940, and not – as erroneously stated in the notification of 27 October 2010 – 255,135,940

(d) the percentage of the votes referred to in pt. (c) in the total number of votes is 51 per cent."

Having in mind the diverse and international nature of Enea SA's shareholding, and also the provisions of the Best Practices of WSE Listed Companies, Enea SA guarantees the availability of its website also in English. In case of any interpretation doubts and discrepancies between the Polish and English versions, the Polish version shall prevail.