Ad hoc announcement EVN AG / Keyword(s): Legal Matter/Weiteres Schlagwort EVN AG: Ad-hoc announcement: Walsum 10 power plant/commencement of legal action Ad hoc announcement transmitted by DGAP - a company of EQS Group AG. The issuer is solely responsible for the content of this announcement. ------------------------------------------------------------------------------ EVN AG, as shareholder of a special purpose entity for the construction of the power plant Walsum 10, in which EVN AG is an indirect 49% shareholder, today decided to consent to commence legal action against the general contracting consortium, Hitachi Ltd and Hitachi Power Europe GmbH, and, in this regard, to institute arbitration proceedings against the consortium and a court action against an insurer. The claims to be pursued are based on damages suffered by the special purpose entity on account of delays in completing the construction of the power plant Walsum 10 and include liquidated damages for delay, additional costs due to delay, pre-financed repair costs and damages resulting from a loss of CO2 allocation, as well as claims against an insurer. The amount of damages claimed by the parties ahead of the arbitration proceedings totalled approximately EUR 600m, though the details and scope thereof are to be determined in the course of the arbitration proceedings being pursued. The consent of the majority stakeholder to the pursuit of the claims is expected in the next few days. Maria Enzersdorf, on 9 December 2013 LEGAL NOTICE THIS AD-HOC ANNOUNCEMENT CONSTITUTES NEITHER AN OFFER TO SELL NOR A SOLICITATION TO BUY ANY SECURITIES OF EVN AG. THIS AD-HOC ANNOUNCEMENT AND THE INFORMATION CONTAINED HEREIN ARE NOT FOR DISTRIBUTION IN OR INTO THE UNITED STATES OF AMERICA AND MUST NOT BE DISTRIBUTED TO U.S. PERSONS (AS DEFINED IN REGULATION S UNDER THE U.S. SECURITIES ACT OF 1933, AS AMENDED ('SECURITIES ACT')) OR TO PUBLICATIONS WITH A GENERAL CIRCULATION IN THE UNITED STATES. THIS AD-HOC ANNOUNCEMENT DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO PURCHASE ANY SECURITIES IN THE UNITED STATES. THE SECURITIES HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE SECURITIES ACT AND MAY NOT BE OFFERED, SOLD OR DELIVERED WITHIN THE UNITED STATES OR TO U.S. PERSONS ABSENT REGISTRATION UNDER OR AN APPLICABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT. 09.12.2013 DGAP’s Distribution Services include Regulatory Announcements, Financial/Corporate News and Press Releases. Media archive at www.dgap-medientreff.de and www.dgap.de --------------------------------------------------------------------------- Language: English Company: EVN AG EVN Platz 2344 Maria Enzersdorf Austria Phone: +43-2236-200-12294 Fax: +43-2236-200-82294 E-mail: info@evn.at Internet: www.evn.at ISIN: AT0000741053 WKN: 074105 Indices: ATX Listed: Wien (Amtlicher Handel / Official Market) End of Announcement DGAP News-Service ---------------------------------------------------------------------------