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Current Report no. 40/2011

Decrease in the percentage of the total number of votes.

Legal grounds: art. 70 section 1 of the Act on Offerings – purchase or sale of a significant equity stake 

The Management Board of Jastrzębska Spółka Węglowa S.A. („Company”) reports that on 7 December 2011 it obtained information from the Ministry of the Economy, which, acting on behalf of the State Treasury submitted a notification that in connection with the process launched on 10 October 2011 of the Company’s eligible employees acquiring the Company’s shares from the State Treasury without consideration pursuant to the Act of 30 August 1996 on Commercialization and Privatization, the equity stake held to date by the State Treasury decreased to 61.56% of the Company’s share capital and the total number of votes at the Company’s Shareholder Meeting.

As at 22 November 2011 the State Treasury held a total of 74,604,828 shares in the Company, representing a 62.58% stake in the Company’s share capital and entitling it to exercise 74,604,828 votes at the Company’s Shareholder Meeting, which constituted 62.58% of the total number of votes at the Company’s Shareholder Meeting.

As at 1 December 2011 the State Treasury holds 73,392,854 shares in the Company, representing a 61.56% stake in the Company’s share capital and entitling it to exercise 73,392,854 votes at the Company’s Shareholder Meeting, which constitutes 61.56% of the total number of votes at the Company’s Shareholder Meeting.

Legal grounds: art. 70 section 1 of the Act on Offerings and the Conditions for Introducing Financial Instruments to an Organized Trading System and on Public Companies 

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