Current Report No.: 41/2018
Current Report No.: 41/2018
Date of preparation: 4 July 2018
Short name of issuer: ENEA S.A.
Subject: Notification on the launch of a legal action to declare a resolution of the Company's Extraordinary General Meeting invalid or to repeal it
Legal basis: Art. 56 item 1(2) of the Act on offerings - current and periodic information
Content of report:
Acting pursuant to § 19 item 1(10) of the Regulation of the Minister of Finance of 29 March 2018 on current and periodic information published by issuers of securities and on conditions for recognising as equivalent the information required by the laws of a non-member state, the Management Board of ENEA S.A. ("Company", "Issuer") hereby informs that, with reference to the objections submitted to the resolutions adopted by the Extraordinary General Meeting of ENEA S.A on 28 May 2018 ("EGM"), on which the Company informed in Current Report No. 34/2018 of 28 May 2018, it was served by the District Court in Poznań, 9th Commercial Department ("Court") a copy of the claim form submitted by Międzyzakładowy Związek Zawodowy Synergia Pracowników Grupy Kapitałowej ENEA (Synergy Intercompany Trade Union of Employees of the ENEA Capital Group - "Claimant") concerning a legal action brought against the Company to declare Resolution No. 5 of the EGM on amending § 23 of the Statute of ENEA S.A. invalid or to repeal it, along with a motion requesting security for the claim of the Claimant through the suspension of the registration proceedings in so far as the contested resolution is concerned.
At the same time, the Issuer informs that, together with the copy of the claim form, the Company received a copy of the Court's decision rejecting the Claimant's motion requesting security of the claim within the scope indicated hereinabove together with the justification of the decision from which it follows, in particular, that the Claimant did not substantiate the claim for which it was demanding security. The decision of the Court is not final and legally binding.