Current Report No.: 45/2022
Date of preparation: 08.12.2022
Abbreviated name of the Issuer: CIECH S.A.
Legal basis: Art. 17.1 of the MAR – inside information
Subject: Judgment of the Supreme Administrative Court (the NSA) in Warsaw.
Text of the report:
The Management Board of CIECH S.A. (the “Company” or “Issuer”) informs that the Supreme Administrative Court in Warsaw (the “NSA”) announced its judgement today in which it repealed the judgement of the Provincial Administrative Court in Krakow (the “WSA”) dated October 9, 2019, dismissing the complaint against the decision (the “Decision”) of the Head of the Małopolski Province Customs and Tax Office in Krakow (the “Second Instance Authority”) of April 3, 2019 specifying the amount of the Company's corporate income tax liability for the year 2012. The NSA also repealed the decision of the Second Instance Authority, which means that the case will be remitted to the Second Instance Authority for re-examination.
The Company informed about the case in its Current Reports: No. 36/2018 of December 27, 2018 (decision of the 1st instance authority), No. 2/2019 of January 24, 2019 (creation of provisions for tax liability and interest), No. 12/2019 of April 17, 2019 (decision of the 2nd Instance Authority), and No. 41/2019 of October 9, 2019 (judgement of the WSA in Krakow).
The tax liability specified in the Decision in the amount of PLN 43,7 million, together with interest for late payment in the amount indicated by the Tax Office competent for the registered office of the Company (the “Office”), i.e. PLN 22,7 million, was paid to the Office after receiving the Decision in 2019.
The judgment is final and is not subject to appeal; the Company expects the decision of the Second Instance Authority and the reimbursement of the paid tax liability, paid interest and interest for the period when the paid funds remained at the disposal of the Office and reimbursement of court costs. The Company anticipates that the above amounts will be returned to the Company in 2023.
Signatures of persons representing the Company:
Dawid Jakubowicz – President of the Management Board
Jarosław Romanowski – Member of the Management Board
