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Current Report No.: 37/2020

Title: Judgment of the Court of Appeals in a case for annulment or, alternatively, revocation of a resolution of the Company's Extraordinary General Meeting
Date: 2020.12.08
Report no.:  Current Report No.: 37/2020

Current Report No.: 37/2020

Date of Preparation: 12 August 2020

Issuer's Abbreviated Name: ENEA S.A.

Subject: Judgment of the Court of Appeals in a case for annulment 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. 6/2019 regarding the judgment issued by the Regional Court in Poznań ("Regional Court") dismissing the action for annulment or, alternatively, revocation of Resolution No. 5 of the Extraordinary General Meeting of ENEA S.A. of 28 May 2018 to adopt amendments to § 23 of the Company's Articles of Association ("Resolution") and information in this regard included in the most recent periodic report, the Management Board of ENEA S.A. hereby reports that on 12 August 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 appeal filed by the Synergia Inter-Company Trade Union of ENEA Group Employees ("Plaintiff") against the said judgment issued by the Regional Court.

As was pointed out in the oral basic reasons for the ruling, the Court of Appeals agreed with all the findings made by the Regional Court. The Court of Appeals found the Plaintiff's appeal groundless and pointed out that the allegations presented in the statement of appeal constitute an attempt at challenging the legitimacy of granting the rights to employees of subsidiaries to elect and dismiss employee representatives in the Supervisory Board, which rights have been granted to them under the Act amending the Act on Commercialization. As a result, as of 12 August 2020, the judgment of the Regional Court dismissing the action for annulment or, alternatively, revocation of the Resolution became final non-appealable.

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 [...].

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