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Paris, 19 January 2005
PTC Arbitration
At the
request of Elektrim Teleckommunikacja (“Telco”) a preliminary injunction was
obtained on December 30, 2004, from the Warsaw Regional Court, 16th Business
Department, thus barring the Management Board of PTC from making any
modification to the PTC share register, until such time that a full adjudication
on the merits brought by Telco before the Polish courts over the question of the
ownership of the PTC shares is issued. Deutsche Telekom and Elektrim have just
appealed this preliminary injunction.
This preliminary injunction follows
the issuance on November 26, 2004 by the arbitral tribunal in Vienna of an award
which determined that:
- the transfer of the PTC shares by Elektrim to
Telco in 1999 was “ineffective” and that the shares were deemed never to have
left Eletkrim.
- Elektrim was allowed a period of two months from the
notification of the award to recover the PTC shares that were transferred in
1999, failing which Elektrim would be in default under the PTC shareholders
agreement: in which hypothesis, it cannot be excluded that Deutsche Telekom
argue that it has a right to exercise a call option based on the net asset value
of the shares that Elektrim might eventually recover.
- The arbitral
tribunal also declared that it had no jurisdiction over Telco: consequently,
Telco is under no obligation to part with the PTC shares.
Numerous polish
and international legal opinions support the position of Vivendi Universal that
the arbitral award is unenforceable against Telco and PTC. Telco, whom Vivendi
Universal is a 49% shareholder of, has engaged all means to legally protect its
participation in PTC.
Important Disclaimer: This press
release contains "forward-looking statements" as that term is defined in the
Private Securities Litigation Reform Act of 1995. Such forward-looking
statements are not guarantees of future performance. Actual results may differ
materially from the forward-looking statements as a result of a number of risks
and uncertainties, many of which are outside our control, including but not
limited to, the risk that any outcome of the notices of grievance discussed
above may not be the result expected, in addition to the risks described in the
documents Vivendi Universal has filed with the U.S. Securities and Exchange
Commission and the French Autorité des Marchés Financiers. Investors and
security holders may obtain a free copy of documents filed by Vivendi Universal
with the U.S. Securities and Exchange Commission at www.sec.gov or directly from
Vivendi Universal. Vivendi Universal does not undertake, nor has any obligation,
to provide, update or revise any forward-looking statements.
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