Raport bieżący nr 86/2014
ENEFI Energy Efficiency Plc. (“Company”) hereby informs its Honourable Investors that its creditor, which had also participated in the previous bankruptcy proceedings FLEETCONCEPT Kft. has submitted an application for liquidation against the Company at the competent Court of Justice in order to enforce its (partly ranked, and partly finally rejected due to being submitted late) claims prior to the bankruptcy proceedings, constituting the subject of the bankruptcy proceedings. The Company had informed its Honourable Investors in its previous announcements that two former interest groups of creditors are still making efforts to liquidate the Company. According to the viewpoint of the Company the application for liquidation is unfounded, particularly due to the following:
The claims created prior to the closure of the bankruptcy proceedings and not registered in the bankruptcy proceedings may not be enforced against the Company.
The claims registered in the bankruptcy proceedings were assigned by (forced) agreement to the project companies participating in the capital increase, therefore there are no existing claims against the Company. On the basis of the above the Company expects the rejection of the application for liquidation by the Court of Justice.
The Company hereby repeatedly refers to its announcement dated on 29th September 2014 which did not het publicity in the press, stating that accepting the legal argument of the Company, the Romanian Court rejected the action of the Brașov Regional Public Funds Directorate - Mureș County Public Funds Directorate initiating the liquidation of the Company at second instance, i.e. finally. As a consequence of the decision, the liability of the Company to the Romanian tax authority dated prior to the closure of the bankruptcy proceedings is not enforceable against the Company. By this decision all the efforts of the Romanian tax authority made in order to liquidate the company were closed without success.
Irrespectively of the above however the Company experienced that meanwhile the Romanian tax authority started to collect certain assets elements of the Company, causing significant amount of damage to the Company. Considering that the collection lacks any -either Romanian or international - legal basis, the Company shall take the necessary legal measures without delay, including criminal charges.
|PODPISY OSÓB REPREZENTUJĄCYCH SPÓŁKĘ|
|Data||Imię i Nazwisko||Stanowisko/Funkcja||Podpis|
|2014-10-09||Csaba Soós||Member of the Board of Directors|