Current report no : 9/2013
Report date : 2/13/2013
Abbreviated name : Ciech SA
Subject : Dismissal of the appeal of Air Products against the decision of the Regional Court of Bydgoszcz
Legal basis : Art. 56 section 1 point 1 of the Polish Act on Public Offering, the Conditions Governing the Introduction of Financial Instruments to Organized Trading, and on Public Companies – confidential information
Report :
Management board of Ciech S.A. [Issuer], in reference to the current report no. 70/2012 of December 18, 2012, reports that on February 13, 2013 it learned about the fact that the Court of Appeals of Gdańsk, 5th Civil Division [Court of Appeals] dismissed the appeal of Air Products Chemical Europe B.V. and Air Products, LLC [Air Products] against the decision of the Regional Court of Bydgoszcz of November 27, 2012, dismissing the motion of Air Products for granting of an injunction securing the claim against the subsidiary of Issuer, Zakłady Chemiczne Zachem S.A. with its registered seat in Bydgoszcz [Zachem]. Consequently, the proceedings for securing the claim ended in a final manner with a decision dismissing the motion for securing the claim.
From a copy of the decision of the Court of Appeals of February 11, 2013, file reference no. V ACz 21/13, sent from Zachem to Issuer, it follows that the Court of Appeals found the position of the Court of first instance, which dismissed the motion of Air Products for granting of an injunction securing the claim, to be correct. The Court of Appeals decided that the claim of Air Products was not made probable and therefore the injunction should not have been granted.
Signatures of the Company’s Representatives : Dariusz Krawczyk – President of the Management Board
