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Paris, October 4, 2006
Vivendi
disputes the validity of the so-called agreement between DT and Elektrim, which
is contrary to the decisions of the Polish courts
In a press
release dated September 5, Deutsche Telekom (DT) announced that it had acquired
48% of PTC from Elektrim with effect on February 15, 2005. DT bases its position
on an erroneous interpretation of the November 2004 Vienna arbitration award,
which was set aside by the Vienna courts at first instance, and the effects of
which were suspended by the Appeals Court in Poland. The information provided
by the press release therefore has no legal basis in Poland, and causes serious
harm and damages to Vivendi which is the owner of these shares through its
Polish subsidiary, Telco. Furthermore, Vivendi stresses that the PTC shares
were attached on its behalf pursuant to protective measures taken by a Polish
court on June 27, 2006, and that consequently any acquisition by DT in breach of
Vivendi’s rights would be ineffective in Poland. On October 2, 2006, Vivendi
also obtained further protective measures which prohibit Elektrim from taking
part in any form of negotiation or agreement with, or from entering into any
commitment towards, T-Mobile Deutschland in relation to the PTC shares that it
claims to own, and the intent or effect of which would be to transfer these
shares to T-Mobile, including in the context of the Vienna arbitration
proceedings. Once again, Elektrim and DT have deliberately flouted these
prohibitions by entering into an agreement enabling DT to exercise a call option
in respect of the PTC shares and by having it approved by an arbitration
tribunal in Vienna. Neither Vivendi nor Telco is party to this arbitration, and
Telco has made an application in Vienna to have it set aside. Vivendi intends
to continue to assert its rights in the Polish courts, and before any other
competent tribunals, and to seek compensation from DT and Elektrim for the
increasing loss that is being caused.
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 and business
strategy 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: Vivendi will
not succeed in terminating its registration under the U.S. Securities Exchange
Act of 1934, as well as the risks described in the documents Vivendi has filed
with the U.S. Securities and Exchange Commission and with the French Autorité
des Marchés Financiers (www.amf-france.org). Investors and security holders may
obtain a free copy of documents filed by Vivendi with the U.S. Securities and
Exchange Commission at www.sec.gov or directly from Vivendi. Vivendi does not
undertake to provide, nor has any obligation to provide, update or revise
forward-looking statements.
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