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Current Report No.: 44/2010

Title: Notification regarding a change of the State Treasury’s share in the total number of ENEA S.A. voting rights
Date: 2010.03.12
Report no.:  Current Report No.: 44/2010

Current Report No.: 44/2010

Date prepared: 3 December 2010

Short name of issuer: ENEA S.A.

Subject: Notification regarding a change of the State Treasury’s share in the total number of ENEA S.A. voting rights

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 2 December 2010, it received a notification with the following content:

“Acting pursuant to 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 (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 indicated in Article 69 par. 2 pt. 2 of the Act on Offerings have arisen.

Date and type of circumstance causing a change in the shareholding to which the notification refers.

The sale of 4,686,867 (four million six hundred and eighty-six thousand eight hundred and sixty-seven) shares comprising a 1.06 (one point zero six) per cent share in the share capital of ENEA S.A. took place in the period from 5 November 2010 to 22 November 2010 as a result of the State Treasury concluding agreements for the disposal of shares in ENEA S.A. with eligible employees and their legal successors, in accordance with the provisions of 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 including registered shares 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 share in the company’s share capital, as well as the number of voting rights attached to those shares and their percentage share in the total number of voting rights:

(a) the total number of shares held by the State Treasury in the share capital of ENEA S.A. before the change covered by this notification amounted to 238,311,680,

(b) the percentage of the shares referred to in pt. (a) above in the share capital of ENEA S.A. was 53.98 per cent,

(c) the number of voting rights attached to the shares indicated in item (a) amounted to 238,311,680,

(d) the percentage share of the voting rights referred to in pt. (c) in the total number of voting rights was 53.98 per cent.

The number of shares currently held and their percentage share in the company’s share capital, as well as the number of voting rights attached to those shares and their percentage share in the total number of voting rights:

(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 233,624,813,

(b) the percentage share of the shares referred to in item (a) above in the share capital of ENEA S.A. amounts to 52.92 per cent,

(c) the number of voting rights attached to the shares indicated in item (a) amounts to 233,624,813,

(d) the percentage share of the voting rights referred to in pt. (c) in the total number of voting rights is 52.92 per cent.

REGISTERED SHARES (i.e. data regarding only registered shares held by the State Treasury in the share capital of ENEA S.A.)

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

(a) the number of registered shares held by the State Treasury in the share capital of ENEA S.A. before the change covered by this notification amounted to 13,175,740,

(b) the percentage share of the shares referred to in item (a) above in the share capital of ENEA S.A. amounted to 2.98 per cent,

(c) the number of voting rights attached to the shares indicated in item (a) amounted to 13,175,740,

(d) the percentage share of the voting rights referred to in pt. (c) in the total number of voting rights was 2.98 per cent.

The number of registered shares currently held and their percentage share in the company’s share capital, as well as the number of voting rights attached to those shares and their percentage share in the total number of voting rights:

(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) amounts to 8,488,873,

(b) the percentage share of the shares referred to in item (a) above in the share capital of ENEA S.A. amounts to 1.92 per cent,

(c) the number of voting rights attached to the shares indicated in item (a) amounts to 8,488,873,

(d) the percentage share of the voting rights referred to in pt. (c) in the total number of voting rights is 1.92 per cent.

BEARER SHARES (i.e. data regarding only bearer shares held by the State Treasury in the share capital of ENEA S.A.)

The number of bearer shares held before the change in the shareholding and their percentage share in the company’s share capital, as well as the number of voting rights attached to those shares and their percentage share in the total number of voting rights, has not changed, and as a result:

(a) the number of bearer shares held by the State Treasury in the share capital of ENEA S.A. before and after the change covered by this notification amounted to 225,135,940,

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

(c) the number of voting rights attached to the shares indicated in item (a) amounts to 225,135,940,

(d) the percentage share of the voting rights referred to in item (c) in the total number of voting rights amounts to 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.