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

Current report 31/2010 dated 20.12.2010

Legal basis: Article 70 (1) of the Act on Public Offering

The Management Board of ATM S.A. in Warsaw informs that the Company has received information from ING Towarzystwo Funduszy Inwestycyjnych S.A. about a change in the total number of votes in the Company, due to the purchase of ATM S.A. shares made by ING Parasol Fundusz Inwestycyjny Otwarty. As a result of that the investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. now own more than 5% of the total number of votes in the general meeting of shareholders of the Company.

The cause of the change in the total number of votes in the general meeting of shareholders of the Company was the purchase of ATM S.A. shares made made on December 14, 2010, by ING Parasol Fundusz Inwestycyjny Otwarty.

The number of shares owned by the investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. before the change of ownership structure was 1,804,962 shares, which accounted for 4.97% of the total number of issued shares and equaled 1,804,962 (4.97%) votes at the Company’s general meeting of shareholders.

The number of shares owned by the investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. as of December 17, 2010, is 1,868,360, which accounts for 5.14% of the total number of issued shares and equals to 1,868,360 votes (5.14%) at the general meeting of shareholders.

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