RB nr 12/2006

Legal basis: Art. 56, subpar. 1, pt. 1 of the Act on Public Offering

The Management Board of MCI Management SA informs that on May 31, 2006 Consortio LEX Konsorcjum Prawnicze acting on behalf of MCI Management SA demanded from the Treasury of the State – Director of the Tax Audit Office in Wrocław payment of PLN 38,520,000 as indemnity for illegal decisions of the Inspector of Tax Audit from Dec. 29, 1999 issued against JTT Computer SA which resulted in damages suffered by MCI in the form of the decrease in the share value of the company in the amount indicated above.

On the basis of the decisions regarding JTT Computer SA referred to above there was an administrative decision was carried out which resulted in collection of PLN 10,476,467 and – due to outstanding taxes – PFRON (State Fund for Rehabilitation of Disabled Persons) did not consider the request of the Company for the return of the excess payment of VAT in the amount of PLN 1,946,216.
Further legal steps and complaints filed resulted in final rescission of all decisions in the case and dismissal of the case on Jan. 12, 2004 and March 19, 2004.

However, the illegal actions of tax authorities forced JTT Computer SA to file for bankruptcy on Jan. 21, 2004 which in turn resulted in the damage suffered by MCI connected with the decrease of the value of the JTT shares it held in the amount of PLN 9,724,000 for real damage increased by PLN 28,796,000 for lost opportunities.

The legal basis of this demand for the indemnity is Art. 77, subpar. 1 of the Constitution in connection with Art. 417 of the Civil Code and 361 of the Civil Code as well as the resolution of 7 chief justices of the Supreme Court from April 26, 2006 (file no. akt III CZP 125/05).