Submission of a statement of counterclaim against the Company

Current report no. 75/2015

With reference to current report no. 21/2014 dated 5 February 2015, the Management Board of Polimex-Mostostal S.A. with its registered office in Warsaw at ul. Młynarska 42 (‘the Company’, ‘the Issuer’) informs that today a litigation attorney provided it with a statement of counterclaim filed by the State Treasury represented by Generalny Dyrektor Dróg Krajowych i Autostrad (the General Directorate of National Roads and Motorways) (‘GDDKiA’) against the consortium of the following companies: Polimex-Mostostal S.A., Doprastav a.s., in relation to Agreement no. 2811/45/2010 dated 23 September 2010 concerning construction of the A4 motorway, the Rzeszów (Rzeszów Wschód junction) – Jarosław (Wierzbna junction) section from km 581+250 to 622+450 (‘the Contract’). The value of the object at issue amounts to PLN 249,476,370 (in words: two hundred and forty-nine million, four hundred and seventy-six thousand, three hundred and seventy Polish zlotys), inclusive of statutory default interest. The subject matter of the counterclaim is the demand of the State Treasury GDDKiA for payment of a contractual penalty for the GDDKiA’s withdrawal from the contract, for payment of statutory interest on that sum, and for payment of a contractual penalty for failure to carry out specific construction works with the interest.

The Issuer contests legitimacy of the claims from GDDKiA in their entirety.

Legal basis: § 5 sec. 1 item 8 and § 14 of the Ordinance of the Minister of Finance dated 19 February 2009 on current and periodic information provided by issuers of securities and terms of deeming information required by the regulations of a non-Member State equivalent.