Petition of the Eurometal S.A. company

Current report no. 94/2012

The Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw (“the Company”) at ul. Czackiego 15/17 acting to execute the request of the Polish Financial Supervision Authority received by the Company on 12 October 2012, informs that on 27 September 2012 the creditor of the Company - Eurometal S.A - has filed the liquidation bankruptcy petition of the Company to the Commercial Department for Bankruptcy and Reorganization at the District Court for the capital city of Warsaw in Warsaw.

From the information obtained by the Company, it appears that the liquidation bankruptcy petition of Eurometal S.A. is not valid since it contains some crucial formal defects (a/o there are not any attachments enclosed as well as the court fee has not been paid). In the alternative, the Company has taken legal actions aimed at dismissal of the said petition in case of supplementing the defects in the petition by the Eurometal Company S.A.

The Company has cooperated with Eurometal S.A., which in 2010 has made the piling for the overpass for one of railway tracks built by the Company. The Company has withdrawn from the cooperation with the Eurometal S.A. by virtue of not fulfilling the contractual obligations concerning the deadlines and the quality of work. The Company has incurred the additional expenses as well as it charged the liquidated damages. In the light of the foregoing, the Company informs that it perceives filling the liquidation bankruptcy petition by the Eurometal S.A. solely as an element of the actions taken by the Eurometal S.A. due to its dispute with the Company, which concerns the amount of receivables owed to Eurometal S.A. for the performed order commissioned by the Company.