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131/2011 Decision in Austria on dispute with DPTG - Orange Polska

Pursuant to Art. 56, clause 1, item 1 of the Act of July 29, 2005 on public offering and the conditions for introducing financial instruments to the organised trading system and on public companies (Journal of Laws of 2005, No. 184, item 1539 as amended), the Management Board of Telekomunikacja Polska S.A. (“TP S.A.”, “the Company”) hereby informs that a judgment has been given on the claim by TP S.A. for setting aside the Partial Award given for phase 1 in the arbitral proceedings in Vienna commenced by Danish Polish Telecommunications Group (“DPTG”) against the Company (“Partial Award”), described in the current report 140/2010 of 2 December 2010.

TP S.A. will consider an appeal against the decision in 1st instance of the Austrian Court in the case to set aside Partial Award of the Arbitral Tribunal

Enforceability proceedings in Warsaw remain suspended until final resolution of TP S.A.’s claim in Austria

By virtue of the decision from November 4, 2011 (delivered to TP S.A. on November 9, 2011), the 1st instance Commercial Court (“Handelsgericht”) in Vienna has not set aside the Partial Award of 24 August 2010 (delivered to TP S.A. on 3 September 2010).

The judgment is not final. A party may appeal from the Vienna court decision to the court of higher instance – The Higher Regional Court (“Oberlandesgericht”) in Vienna. The possibility of appealing against a decision of this Court to the Austrian Supreme Court is not excluded. TP S.A. is currently considering filing an appeal against the 1st instance judgment. The Company has 4 weeks from the date of service of the judgment to file an appeal.

The proceedings before the Commercial Court in Vienna are a result of TP S.A. claim for setting aside of the Partial Award for phase 1, issued on August 24, 2010 by the Arbitration Tribunal in Vienna (Austria), as described in current report 104/2010. DPTG demands, amongst others before the District Court in Warsaw, the Partial Award to be declared enforceable and that an enforceability clause be attached to it. The proceedings in this matter remain suspended until the final resolution of TP S.A.’s claim for annulment of the Partial Award in Austria.

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