Current report 11/2012

Legal basis: Article 70 item 1 of the Public Offering Act — purchase or sale of a significant package of shares

The Management Board of ATM S.A. in Warsaw would like to report that on this date, the Company received the following notification from ING Towarzystwo Funduszy Inwestycyjnych S.A.:

“Pursuant to Article 69 paragraph 1 item 2, in connection with Article 87 paragraph 1 item 2 point (a) of the Public Offering Act and terms and conditions for introducing financial instruments to organised trading systems and on public companies, ING Towarzystwo Funduszy Inwestycyjnych S.A., acting on behalf of managed investment funds, would like to report that as a result of sale of shares of ATM S.A., the number of votes at the general meeting of the company’s shareholders, held collectively by all ING funds, dropped below the threshold of 5% of the total number of votes.

The reason for the change of share in the total number of votes at the general meeting of shareholders of ATM S.A. was the sale of this company’s shares by ING Parasol Fundusz Inwestycyjny on 28 February 2012.

Prior to the change in share, the investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. held in total 1,942,453 shares of ATM S.A., which amounted to 5.34% of the company’s share capital.

Prior to the change of share, the shares held by investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. corresponded to a total of 1,942,453 votes at the shareholders’ meeting of ATM S.A., which amounted to 5.34% of the total number of votes at the general meeting of this company’s shareholders.

As at the date of this notification, investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. hold a total of 1,808,593 shares of ATM S.A., which amounts to 4.98% of the company’s share capital.

As at the date of this notification, shares held by investment funds managed by ING Towarzystwo Funduszy Inwestycyjnych S.A. correspond to a total of 1,808,593 votes at the general shareholders’ meeting of ATM S.A., which amounts to 4.98% of the total number of votes at the general meeting of shareholders of this company.”

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