2nd Sep 2016 11:46
Societatea Energetică Electrica S.A.
Str. Grigore Alexandrescu nr.9, sector 1
010621, București
Tel: 0212085999, Fax: 0212085998
CIF: RO 13267221, J40/7425/2000
Capital social: 3.459.399.290 RON
www.electrica.ro
To: Romanian Financial Supervisory Authority (ASF)
Bucharest Stock Exchange (BVB)
London Stock Exchange (LSE)
Current report in compliance with Romanian Capital Market Law no. 297/2004 (art. 224 (1)) and CNVM Regulation no. 1/2006 on issuers and operations with securities (art. 113 (1) j)
Report date: 2 September 2016
Company name: Societatea Energetică Electrica S.A.
Headquarters: 9 Grigore Alexandrescu Street, District 1, Bucharest
Phone/fax no: 004-021-2085999/004-021-2085998
Trade Register registration no.: J40/7425/2000
Fiscal Code: RO 13267221
Subscribed and paid in share capital: 3.459.399.290 RON
Regulated market where the issued securities are traded: Bucharest Stock Exchange (BVB), London Stock Exchange (LSE)
Significant events to be reported:
Societatea Energetică Electrica S.A. informs its shareholders and public investors on the status updated on July 31th, 2016 of the ongoing litigations regarding the actions for annulment/suspension of ANRE orders (Annex 1) and of the ongoing litigations over 500,000 EUR (Annex 2).
CEO,
Iuliana ANDRONACHE
Annex 1 - Litigation. Annulment of Regulatory Authority for Energy orders (in Romanian, ANRE). | |||||||
No. | File no. | Litigation parties | Litigation object | Litigation status | Trial court | Observations | |
1. | 192/2/2015 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 146/2014 | Merit | Bucharest Court of Appeal | Dismiss the joined actions as ungrounded. With the right to appeal within 15 days starting with the sentence communication. | |
2. | 317/2/2015 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 154/2014
| Merit | Bucharest Court of Appeal | Dismiss the facultative suspension request. Admits the joinder action with the file no. 192/2/2015. With the right to appeal. | |
3. | 360/2/2015 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 156/2014 | Merit | Bucharest Court of Appeal | The proceedings are suspended until the file no.192/2/2015 is irrevocably settled. With the right to appeal throughout suspension. | |
4. | 361/2/2015 | Plaintiff: Electrica S.A Defendant: ANRE | Action for annulment - ANRE order no. 155/2014 | Merit | Bucharest Court of Appeal | The proceedings are suspended until the file no.192/2/2015 is irrevocably settled. With the right to appeal | |
5. | 130/2/2016 | Plaintiff: Electrica S.A Defendant: ANRE | Action for annulment - ANRE order no.165/2015 | Merit | Bucharest Court of Appeal | Joined with fil no. 7968/2/2015. | |
6. | 134/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Execution suspension for administrative act ( ANRE order no 165/2015), until the final and irrevocable solution of the fond file | Merit | Bucharest Court of Appeal | Dismiss the action as ungrounded. An appeal has been filed. | |
7. | 340/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 171/2015
| Merit | Bucharest Court of Appeal | Dismiss the action as ungrounded. With the right to appeal within 15 days starting with the sentence communication. | |
8. | 342/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 172/2015 | Merit | Bucharest Court of Appeal | Dismiss the action as ungrounded. With the right to appeal within 15 days starting with the sentence communication. | |
9. | 343/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for partial suspension of ANRE order no. 171/2015 | Merit | Bucharest Court of Appeal | Dismiss the action as ungrounded. An appeal has been filed. | |
10. | 345/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for partial suspension of ANRE order no. 172/2015. | Merit | Bucharest Court of Appeal | Dismiss the action as ungrounded. An appeal has been filed. | |
11. | 821/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 172/2015 | Merit | Bucharest Court of Appeal | Admits the litispendence exception in relation with the file no. 342/2/2016. With the right to appeal. | |
12. | 822/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 171/2015. | Merit | Bucharest Court of Appeal | Admits the litispendence exception in relation with the file no. 340/2/2016. With the right to appeal. | |
13. | 823/2/2016 | Plaintiff: Electrica S.A. Defendant: ANRE | Action for annulment - ANRE order no. 165/2015 | Merit | Bucharest Court of Appeal | Admits the litispendence exception. The litigation will be joined with and settled together with the file no. 130/2/2016.. | |
Annex 2 - Litigation over 500.000 EUR |
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No. | File no. | Litigation parties | Litigation object | Litigation status | Trial court | Observations | List of provisions raised |
1. | 103614/299/2015 | Electrica- Caller Appellant (Merit - Appellant) ANAF -Respondent (Merit - Respondent) | Opposition on enforcement title for the amount of RON 16,915,950. | Appeal | Bucharest Court of Justice | The trial court has dismissed the action. An appeal has been filed. |
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2. | 12629/302/2015/a1 | Electrica - Respondent Appellant (Merit - Appellant) ANAF - Caller Respondent (Merit - Respondent) | Enforcement adjourning for the amount of RON 16,915,950. | Appeal | Bucharest Court of Justice | The Court orders the rejudgement by the first instance or by the court of competent jurisdiction. Solution brief: The appeal is admitted. Cancels the appealed sentence; Sends the case for rejudgmenent to the 1st District Court. |
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3. | 5433/2/2013 | Electrica - Respondent (Merit -Plaintiff) ANAF - Appellant (Merit - Defendant) | Opposition on administrative sentence no. 24/31.01.2013 (payment of accessory fiscal obligations) | Appeal | High Court of Cassation and Justice. | The case is in a preliminary stage. The first date of hearing is to be set. |
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4. | 887/90/2013 | Electrica - Creditor Oltchim SA - Rm. Valcea - Debtor | Insolvency (bankruptcy)Claims in a total amount of RON 658,535,805.38 | Appeal | Pitesti Court of Appeal | A sale plan is to be approved, the result depends on it. | Provisions raised in a total amount of RON 658,538,715.97. |
5. | 2712/113/2013 | Electrica - Creditor CET Braila S.A. -Debtor | Insolvency (bankruptcy)claims in a total amount of RON 3,826,034.78) | Merit | Braila Court of Justice | The procedures of the asset resolution and claims recoupment are ongoing. | Provisions raised a total amount of RON 3,826,034.78. |
6. | 47478/3/2012*/a1 | Electrica - Creditor Petprod S.A.- Debtor | Insolvency (bankruptcy) Claims in a total amount of RON 2,591,163.01 | Appeal | Bucharest Court of Appeal | The appeal is admitted. Partially quashes the decision dated on 17.12.2013 and the one dated on 14.01.2014 and transfers the case to the lower court in order to review the requests of opening the insolvency proceedings. | Provisions raised in a total amount of RON 2,591,163.01. |
7. | 38859/299/201 | Electrica - Plaintiff A.A.A.S. - Defendant | Opposition on the enforcement title for the amount of RON 7,505,637.00. | Merit | Trial Court - District 1 | The Court admits the suspension of the foreclosure and suspends the forced execution until the solving of the execution appeal. The litigation is suspended until the file no. 2155/2/2015 is irrevocably settled. With the right to appeal during the entire period of suspension. | N/A |
8. | 2155/2/2015 | Electrica - Respondent (Merit -Plaintiff) AAAS - Recurrent (Merit -Defendant) | Annulment of an administrative act. | Appeal | High Court of Cassation and Justice. | The case is in a preliminary stage. The first date of hearing is to be set. | N/A |
9. | 78584/299/2015 | Electrica - Appellant (Merit -Respondent) AAAS - Appellant (Merit -Plaintiff) | Opposition on the enforcement title for the amount of RON 11,426,867.65. | Appeal | Bucharest Court of Justice | Term on 13.10.2016. | Provisions raised in a total amount of RON 10,206,735. |
10 | 5651/2/2014 | Electrica - Respondent Defendant (Merit - Defendant) Termoelectrica - Caller Plaintiff (Merit - Plaintiff) | Claims for the amount of 25,047,353.32 RON. | Appeal | Bucharest Court of Appeal | The initial Court rejected Termoelectrica's claims. Term of appeal: 19.09.2016 | N/A |
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