Decision of PKP PLK concerning the tender for modernisation of the Warszawa - Łódź railway line, stage II
Report No:21/2011
Legal basis:Art. 56 section 1 item 1 of the Act of Public Offering – confidential information
Signatures:Piotr Chełkowski, President of the Management Board of P.R.I. "POL-AQUA” S.A.
Marek Sobiecki, Second Vice President of the Management Board of P.R.I. "POL-AQUA” S.A.

The Management Board Przedsiębiorstwo Robót Inżynieryjnych "POL-AQUA" S.A. based in Piaseczno ("the Company") reports that today it received a decision from PKP Polskie Linie Kolejowe S.A. to exclude the consortium of P.R.I. "POL-AQUA” S.A. and DRAGADOS S.A. from the tender proceedings and a decision to reject the proposal for modernisation of the Warsaw-Łódź railway line, stage II, which the Company reported on in current report no. 13/2011 dated 8 April 2011.
The decision referred to above was made in wake of performance of the decision made by the District Court Warszawa Praga in Warsaw dated 11 April 2011 and ordering to exclude the consortium of POL-AQUA - Dragados from the tender proceedings by the management of PKP PLK S.A.
The Management Board of P.R.I. "POL-AQUA" S.A. is committed to undertake action aimed at protecting the interests of the Company and its Shareholders given the significance of this case and its impact on the public opinion.

Pursuant to the legal opinion drafted by Prof. Michał Kulesza, an expert in public procurement law, the tender procedure may not be continued with four bidders only, therefore, after the decision of PKP PLK S.A. to reject the proposal of the excluded bidder the proceedings should be invalidated according to the enforceable provisions of the law.

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