REG - Soc EnergElectricaSA - Litigations over 500,000 EUR and ANRE related <Origin Href="QuoteRef">ROEL.BX</Origin>
RNS Number : 8340ISocietatea Energetica Electrica SA02 September 2016Societatea Energetic Electrica S.A.
Str. Grigore Alexandrescu nr.9, sector 1
010621, Bucureti
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 Energetic Electrica S.A.
Headquarters: 9Grigore Alexandrescu Street, District 1, Bucharest
Phone/fax no: 004-021-2085999/004-021-2085998
Trade Register registration no.: J40/7425/2000
Fiscal Code: RO13267221
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 Energetic 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
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.
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.
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.
4.
887/90/2013
Electrica - Creditor
Oltchim SA - Rm. Valcea - Debtor
Insolvency (bankruptcy)
Claims in a total amount of RON 658,535,805.38Appeal
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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