Current report 40/2007

The Management Board of ATM S.A. would like to announce that the Company received the following notifications today.

In accordance with the announcement made in Current Report No. 37 of July 9, 2007, the following amounts of subscription rights to H-series shares were sold in a public offering to qualified investors on July 19, 2007:

Roman Szwed, President of the Management Board, sold 452,225 subscription rights.
Tadeusz Czichon, Vice-President of the Management Board, sold 663,714 subscription rights.
Individuals closely related to Tadeusz Czichon, Vice-President of the Management Board, sold 144,000 subscription rights.
Dariusz Kiełkowski, Proxy, sold 100,100 subscription rights.
Tomasz Tuchołka, Vice-President of the Supervisory Board, sold 2,273 subscription rights.

Additionally, as part of the package transaction on the regulated market on July 18, 2007:

Tadeusz Czichon, Vice-President of the Management Board, sold 55,247 subscription rights.

All subscription rights were sold at PLN 3.00 per subscription right.

The individuals selling subscription rights are the Company’s founding shareholders, and their sale of such subscription rights resulted from the lack of sufficient funds to acquire all H-series shares to which they were entitled thereunder. The intention was to make it possible for new investors to acquire shares as part of the second public offering. Furthermore, in accordance with the declaration made in the offering document, members of the Company’s Management Board expressed their intent to purchase H-series shares under their remaining subscription rights.

Due to the attractive issue price of H-series shares, the following individuals made additional purchases of subscription rights to H-series shares at the Warsaw Stock Exchange:

Roman Szwed, President of the Management Board, purchased a total of 860 subscription rights at PLN 3.00 on July 18, 2007.
Tadeusz Czichon, Vice-President of the Management Board, purchased a total of 14,619 subscription rights at an average price of PLN 3.02 between July 17 and 19, 2007.

Individuals closely related to Tadeusz Czichon, Vice-President of the Management Board, purchased a total of 8,504 subscription rights at an average price of PLN 2.93 on July 19, 2007.

Additionally, the Company was notified by Tadeusz Czichon, Vice-President of the Management Board, that he purchased a total of 200 ATM S.A. shares at PLN 139 per share between 17 and 19 July, 2007.

On July 11, 2007, members of the Management Board purchased the following numbers of E-series shares from an underwriter as eligible under the Motivation Program for 2006:

Roman Szwed, President of the Management Board, purchased 1,435 shares.
Tadeusz Czichon, Vice-President of the Management Board, purchased 1,255 shares.

The shares were purchased at par value, i.e. PLN 7.60 per share.

signatures:
Roman Szwed — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board