Court's decision in CNAB litigation

Fondul Proprietatea S.A.

07 March 2024

 

To:          Bucharest Stock Exchange                 Financial Supervisory Authority             ​    London Stock Exchange Current report according to the provisions of Article 99 letter a) and s) of the Code of the Bucharest Stock Exchange, Title II, Issuers and Financial Instruments. Important events to be reported: The decision of the Bucharest Court of Appeal in the claim for annulment filed by Fondul Proprietatea S.A. against the share capital increase of C.N. Aeroporturi Bucuresti S.A. Further to the current reports published on 27 October 2021, respectively 25 May 2023, Franklin Templeton International Services S.À R.L., in its capacity as alternative investment fund manager and sole director ("AIFM / Fund Manager") of Fondul Proprietatea S.A. ("Fondul Proprietatea / the Fund"), hereby informs shareholders and investors that, following the claim for annulment filed by the Fund against the Extraordinary General Shareholders Meeting ("EGM") Resolution no. 15/ 26 October 2021 of C.N. Aeroporturi Bucuresti S.A. ("CNAB" / "Bucharest Airports") for approving the increase of the share capital from RON 143,772,150 to RON 4,912,283,610, as a result of the contribution in kind of the Romanian State with the land inside the Băneasa Airport (the "Increase"), in file no. 2779/93/2021, in the appeal phase, the Bucharest Court of Appeal issued the following decision on 7 March 2024: "Solution type: Partially changed Brief Solution: Admits the appeal. Partially changes the appealed civil decision as follows: Admits the claim filed. Orders the annulment of the EGM Resolution no. 15/26.10.2021 of CNAB. Pursuant to Art. 132 para. 10 of Law nr. 31/1990, orders the publication of this decision in the Official Gazette and its mentioning in the Trade Registry. Maintains the other provisions of the appealed civil decision. Final. Delivered by making the decision available to the parties through the court registry today, 7 March 2024." Please note that the decision issued by the Bucharest Court of Appeal in file no. 2779/93/2021 is final. The Sole Director is waiting for the reasoning of the Court's decision in this file. Furthermore, please note that the effects of the Increase were suspended as a result of the decision of the Bucharest Court of Appeal dated 13th January 2022, until the final settlement of the claim for annulment of CNAB's EGM (as the Fund Manager already announced investors through the current report dated 14th January 2022 - Microsoft Word - Current report new litigation against the share capital increase Bucharest Airports_suspension_14.01.2022v3.do (fondulproprietatea.ro)). Franklin Templeton International Services S.À R.L, in its capacity as alternative investment fund manager and sole director of FONDUL PROPRIETATEA S.A. Johan MEYER Permanent Representative

Report date: 7 March 2024 Name of the issuing entity: Fondul Proprietatea S.A. Registered office: 76-80 Buzesti Street 7th floor, district 1, Bucharest, 011017 Phone/fax number: Tel.: + 40 21 200 96 00 Fax: + 40 31 630 00 48 Email: [e-mail] Internet: www.fondulproprietatea.ro Sole Registration Code with the Trade Register Office: 18253260 Order number in the Trade Register: J40/21901/2005 Subscribed and paid-up share capital: RON 2,947,779,186.56 Number of shares in issue and paid-up: 5,668,806,128 Regulated market on which the issued securities are traded: Shares on Bucharest Stock Exchange GDRs on London Stock Exchange

 

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