Information about exceeding 5% of the Company's total number of votes

Current report 06/2009 dated 03.02.2009

The Management Board of ATM S.A. informs that the Company has received information from PKO Towarzystwo Funduszy Inwestycyjnych S.A., managing PKO/CREDIT SUISSE funds, about a change in the total number of votes in the Company, as a result of which the investment funds managed by PKO Towarzystwo Funduszy Inwestycyjnych S.A., due to the purchase of 100,000 shares of ATM S.A. made on 29 January 2009, own more than 5% of the total number of votes in the general meeting of shareholders of the Company. The number of shares owned by PKO/CREDIT SUISSE funds before the change of ownership structure was 1,713,435 shares, which accounted for 4.76% of the total number of issued shares and equaled 1,713,435 (4.76%) votes at the Company’s general meeting of shareholders. The number of currently held Company shares is 1,813,435, which accounts for 5.04% of the total number of issued shares and equals to 1,813,435 votes (5.04%) at the general meeting of shareholders.

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