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DPTG initiating enforcement procedure at a judicial court in Great Britain - Orange Polska

TP SA comment

We view the initiation of enforcement procedure in Great Britain against TP SA as a yet another attempt to put pressure on TP SA with regards to a dispute that is already being addressed by two courts - in Poland and in Austria.

It is another step taken by the Danish party before the hearing on the enforcement clause for arbitral decision in Poland. The first hearing is scheduled for 9th of March 2011. We do not understand why DPTG takes action outside Poland and before the aforementioned hearing in Poland. An arbitral decision is not legally binding in Poland unless an enforcement clause is issued. Initiating procedures in the Netherlands and now in Great Britain is simply aimed to coerce TP SA. Furthermore, we believe that similar steps might be taken in other jurisdictions unassociated with TP SA operations.

Attempts to put pressure on TP SA by instigating executory procedures are aimed at damaging TP SA reputation, as TP SA does not have any subsidiaries in Great Britain whose assets that might be seized in executory proceedings. Furthermore such action is even less comprehensible, given that on the 2nd of December 2010, TP SA has filed a claim in a court in Vienna, demanding of the Arbitral Court’s decision from 3rd of September 2010 is set aside. Currently we are waiting for a schedule for the first hearing in Austria.

All parties are entitled to execute their right to appeal from Arbitral Court’s decision in Austria and TP SA has exercised this right. From the very beginning TP underlined that it will take all the possible legal steps concerning the appeal from the decision of arbitral tribunal in Austria, and such actions are indeed being taken.

Our aim is to protect the company’s interests, as well as the interest of our shareholders in the best possible way. This is why paying any amount to DPTG before we take all the legal steps would be unjustified. I would also like to emphasize that we have never had any intention to act against legal order, including Arbitral Court’s decisions.
Spokesman of TP Group

Wojciech Jabczyński, Head of TP Group Press Office
Tel: + 48 (0) 22 527 19 39 – Fax: + 48 (0) 22 527 19 79
E-mail: biuro.prasowe@telekomunikacja.pl
Investor Relations:
Jacek Kunicki, TP Group Investor Relations Director
Tel: + 48 (0) 22 527 23 23 – Fax + 48 (0) 22 527 23 41
E-mail: investor.relations@telekomunikacja.pl

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