Body of the report: 

With reference to Current Report No. 33/2025 on the submission of a request to assert an overpayment and refund of windfall tax, the Management Board of Jastrzębska Spółka Węglowa S.A. [“JSW”, “Company”] hereby reports that today the Company received a decision by the Minister of Climate and Environment to refuse to initiate proceedings as requested. 

According to the Minister of Climate and Environment, the refusal to initiate such proceedings is due to his lack of authority to examine compliance of the Act with the Constitution of the Republic of Poland, which, in his opinion, remains within the exclusive powers of the Constitutional Court.

An application to re-examine the case may be filed against the decision. The Company may also file an appeal against the decision to the Voivodship Administrative Court in Warsaw – without exercising its right to request the Minister to reexamine the case – within 30 days of the date of delivery of the decision. 

At the same time, the Company hereby reports that it will file an appeal against the decision issued by the Minister of Climate and Environment in accordance with applicable regulations. 

Legal basis: Article 17 [1] of Regulation [EU] No. 596/2014 of the European Parliament and of the Council of 16 April 2014 on Market Abuse and Repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC.