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Judgment of the Court of Appeals in a case for annulment or ascertainment of non-existence or, alternatively, revocation of a resolution of the Company's Extraordinary General Meeting

Title: Judgment of the Court of Appeals in a case for annulment or ascertainment of non-existence or, alternatively, revocation of a resolution of the Company's Extraordinary General Meeting
Date: 2020.08.07

Date of Preparation: 8 July 2020

Issuer's Abbreviated Name: ENEA S.A.

Subject: Judgment of the Court of Appeals in a case for annulment or ascertainment of non-existence or, alternatively, revocation of a resolution of the Company's Extraordinary General Meeting

Legal Basis: Article 56(1)(2) of the Act on Offerings - current and periodic information

Body of the report:

With reference to Current Report No. 26/2019 regarding a non-final judgment issued by a Regional Court declaring the annulment of Resolution No. 3 of the Extraordinary General Meeting of ENEA S.A. of 24 September 2018 to express a directional consent to proceed with the Construction Stage under the Ostrołęka C project ("Resolution") and information in this regard included in the most recent periodic report, the Management Board of ENEA S.A. hereby reports that on 8 July 2020 it received information about the announcement, on the same day by the Court of Appeals in Poznań ("Court of Appeals"), of a judgment whereby the Court of Appeals dismissed the Company's appeal against the earlier judgment issued by the Regional Court. As stated in the general oral rationale for the decision, the Court of Appeals held that the judgment issued by the Regional Court is in compliance with the law due to the invalidity of the Resolution stemming from its adoption in breach of the division of powers between the corporate bodies of a commercial company.

As a result, as of 8 July 2020, the judgment of the Regional Court in Poznań declaring annulment of the Resolution became final.

Detailed legal basis: § 19 sec. 1 item 10 of the Regulation of the Minister of Finance of 29 March 2018 on current and periodic information to be published by issuers of securities [...].

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.