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42/2010 Appeal rejected - Orange Polska

Pursuant to article 56(1.1) of the Law of 29 July 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 the Appellate Court in Warsaw has rejected TP S.A.’s appeal against the District Antimonopoly Court’s ruling of 8 June 2009 in a case initiated by TP S.A.’s appeal against the decision of the President of the Office for Electronic Communications (“UKE”) of 17 August 2007 (ref. ORZ-WE-029-2/07(39)) imposing a fine of PLN 33 mln on TP S.A. for failing to execute the President of UKE’s decision of 5 October 2006 (ref. DRTH-WOR-6062-2/06(41); “RUO 1 Decision”), which amended draft TP S.A. reference offer determining the general terms and conditions of local subscriber loop access agreements and related full and shared access facilities and approved the draft in the form presented in the Appendix 1 thereto, and the President of UKE’s decision of 3 April 2007 (ref. DHRT-WOR-6062-2/06(63); “RUO 2 Decision”), which partially revoked and amended the RUO 1 Decision.

As a result of the ruling, the President of UKE’s decision on imposing the fine has become final and valid, and the Company will have to pay the fine.

TP S.A.’s intends to lodge a cassation appeal with the Supreme Court against the aforementioned ruling of the Appellate Court.

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