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31 December 2013

The filing of a cassation appeal against the judgment of the Voivodship Administrative Court in Warsaw dated 10 October 2013 regarding the decision of the Director of the Tax Chamber in Warsaw on the Company’s tax obligations (54/2013)


The Management Board of Netia S.A. (“Netia” or the “Company”), Poland's largest alternative provider of fixed-line telecommunications services, hereby announces that on the 30 December 2013 the Company has filed a cassation appeal against the judgment of the Voivodship Administrative Court in Warsaw (the “WSA”) dated 10 October 2013, issued as a result of Supreme Administrative Court ruling in favour of the cassation appeal filed previously by the Company (see current report 41/ 2013 dated 10.10.2013), relating to the decision (the “Decision”) of the Director of the Tax Chamber in Warsaw (the “Tax Chamber Director”) according to which corporate income tax (“CIT”) due by Netia for the year 2003 was established at PLN 34.2 million plus penalty interest of approximately PLN 25.3 million (see current report 4/ 2010 dated 17.02.2010). The Decision was in turn a result of Netia’s appeal against a decision of the Director of the Tax Control Office in Warsaw (the “UKS Director”) according to which the CIT due by Netia for the year 2003 was established at PLN 58.7 million plus penalty interest amounting to PLN 41.3 million (see current report 42/ 2009 dated 17.08.2009).

The Company decided to file the cassation appeal due to the fact that the justification of the judgment of the WSA did not fully reflect the position presented by the Company during the WSA proceedings held as a result of the judgment of the Supreme Administrative Court which ruled in favour of the cassation appeal filed previously by the Company.

The Company paid the amount set forth in the Decision, in the first quarter of 2010 (see current report 4/ 2010 dated 17.02.2010).

Legal basis: Article 56, section 1.1 of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organized Trading, and Public Companies (Journal of Laws 2005, No. 184, item 1539).