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Telecommunications in Poland
Paris,
September 06, 2006
Vivendi strongly challenges the announcements issued
by Deutsche Telekom (DT) to the effect that DT has acquired a 48% stake in PTC
from Elektrim after exercising a call option based on an arbitration award
issued in Vienna in November 2004. These announcements reflect an agreement
between DT and Elektrim that was reached in violation of Polish court
rulings.
Vivendi draws attention to the fact that this arbitration award
can have no effect in Poland at this time. DT fails to mention that the Warsaw
Appeals Court on 16 August 2006 suspended its 29 March decision to recognize the
arbitration award. The suspension is effective until such time as Telco’s appeal
against the 29 March decision is heard by the Supreme Court.
Neither DT
nor Elektrim can at this time claim any ownership rights based on the
arbitration award or any other decision.
Moreover, Vivendi and Elektrim
Telekomunikacja have obtained injunctions from the Polish courts preventing
transfer of PTC stock by Elektrim as well as any other agreement between
Elektrim and DT. The announcements made by DT were therefore in violation of
these injunctions.
Vivendi will take any and all necessary legal action
against all parties concerned in order to enforce its rights.
Important disclaimer Vivendi is quoted on Euronext
Paris SA. This presentation contains “forward-looking statements” as that term
is defined in the US Private Securities Litigation Reform Act of 1995. Such
forward-looking statements are not guarantees of the company’s future
performance. Actual results may differ significantly from the forward-looking
statements as a result of a number of risks and uncertainties, many of which are
outside our control, notably the risks described in the documents Vivendi has
filed with the US Securities and Exchange Commission and the French Autorité des
Marchés Financiers. Investors and security holders are strongly recommended to
read those documents at the Security and Exchange Commission’s website at www.sec.gov and the French Autorité
des Marchés Financiers’ website (www.amf-france.org). Copies of the
documents may also be obtained free of charge from Vivendi. This presentation
contains forward-looking statements that can only be assessed on the day the
presentation is issued. Vivendi does not undertake, nor has any obligation, to
provide, update or revise any forward-looking statements
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