Current report no 10 / 2011

Appellate Court decision in the case brought by Budimex SA against the Urban Municipality of Kraków – Czyżyny sports hall

With reference to current reports No. 41/2007 of 10 September 2007, No. 22/2009 of 10 March 2009, No. 53/2009 of 29 October 2009 and No. 75/2010 of 29 October 2010, the Management Board of Budimex SA hereby informs that on 17 February 2010 it received information on the decision of the Appellate Court in Kraków, which, having re-examined – as a result of the Supreme Court reversing the previous decision of the Appellate Court in Kraków in the part regarding the dismissal of the claim and adjudication on legal costs – the appeal of the Urban Municipality of Kraków against the decision of the District Court in Kraków of 10 March 2008, reversed the decision of the District Court in Kraków of 10 March 2008 in the part regarding the claim for the amount exceeding PLN 6,902,797.84 (i.e. to the amount of PLN 13,805,595.69) and referred the case to the District Court in Kraków for re-examination and adjudication on legal costs.

The case brought by Budimex SA against the Urban Municipality of Kraków for the payment of PLN 20,708,393 has become final with regard to the amount of PLN 6,902,797.84, plus statutory interest calculated from 20 November 2007, having been adjudicated to be paid by the Urban Municipality of Kraków to Budimex SA. The remaining elements of the claim are to be re-examined by the District Court in Kraków.