Current report no 9 / 2010

Information on exceeding 5% of the total number of votes at the General Meeting of Budimex SA by the Open Pension Fund “Złota Jesień”

The Management Board of Budimex SA hereby states that on February 10, 2010, the Management Board received a letter from PTE PZU SA, acting on behalf of the “Złota Jesień” Open Pension Fund (the Fund), notifying that following the purchase of Budimex SA shares on the Warsaw Stock Exchange on February 3, 2010, the number of shares held by the Fund authorised it to exceed 5% of the votes at the General Meeting of Budimex SA. Before the change in the number of shares, the Fund held 1,273,730 shares, which constituted 4.99% of the share capital of Budimex SA and translated into 1,273,730 votes held and 4.99% of the total number of votes.  Following the change in the share, the “Złota Jesień” Open Pension Fund holds 1,444,895 shares, which constitutes 5.66% of the share capital of Budimex SA and translates into 1,444,895 votes held and 5.66% of the total number of votes.