Current Report No. 18/2014

Date of preparation: 26 March 2014

Topic: Judgment of the Gdansk District Court on the action of a shareholder, FORTA Sp. z o.o., with its registered office in Jasin

Legal grounds:Article 56 section 1 item 2 of the Act on Offerings – current and periodic information

The Management Board of ENERGA SA (“the Company”, “ENERGA”) announces that in the matter of the action of the FORTA Sp. z o.o. shareholder with its seat in Jasin, mentioned in the ENERGA Group Consolidated financial statement for the year ended 31 December 2013, on the annulment of Resolution No. 24 of the Extraordinary General Meeting of ENERGA SA, with its registered office in Gdańsk, dated 3 September 2013, and amendment of the Company’s Articles of Association or alternatively, the repeal of the Resolution and on the repeal of Resolution No. 23 of the Extraordinary General Meeting of ENERGA SA, with its registered office in Gdańsk, dated 3 September 2013 (“EGM”) on the decrease of the Company’s share capital, on 26 March 2014 the Gdansk District Court made the following judgment (the file reference number IX Gc 820/13):

1)       rejected the action on the annulment or repeal of the EGM Resolution No. 24 on specification of the Company's shares series and amendment of the Company’s Articles of Association, talking about the preference of the series BB shares in terms of voting rights (one preferred share entitles to two votes on the General Meetings), recognizing the action as unfounded;

2)       released the proceedings in part concerning the repeal of the EGM Resolution No. 23 on the Company’s share capital decrease, due to the effective lawsuit withdrawal by FORTA Sp. z o. o.;

3)       awarded the costs of the proceedings from the plaintiff, FORTA Sp. z o.o., for the benefit of the defendant, i.e. ENERGA SA.

The judgment is not final. FORTA Sp. z o.o. has the right to appeal.

Legal Grounds:

§ 38 section 1 point 10 of the Decree of the Minister of Finance dated 19 February 2009 on the Current and Periodic Information Transmitted by Securities Issuers and the Conditions for Recognizing the Information Required by the Regulations of a Non-Member State as Equivalent.