Notification on exceeding 10% of the total number of votes in the Company

Current report 07/2014 dated 23.04.2014

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

The Management Board of ATM S.A., Warsaw (hereinafter “the Company”) hereby gives notice that the Company has today received a notification from ING Powszechne Towarzystwo Emerytalne S.A. concerning a change in its total number of votes at general meetings of shareholders of the Company, resulting from the settlement on 16 April 2014 of a regulated market transaction whereby it acquired shares of ATM S.A. As a result of that transaction the total number of votes at general meetings of shareholders of the Company controlled by the investment funds managed by ING Powszechne Towarzystwo Emerytalne: ING Otwarty Fundusz Emerytalny (hereinafter “OFE”) and ING Dobrowolny Fundusz Emerytalny (hereinafter “DFE”) came to exceed the threshold of 10% of the overall number of votes at such meetings.

Prior to the change in the size of the shareholding, OFE held in total 3,563,003 shares in the Company, representing 9.8% of the Company’s share capital and carrying a total of 3,563,003 votes at general meetings of shareholders of the Company, which was 9.8% of the overall number of votes.

Following the transaction, OFE and DFE hold in total 4,063,003 shares in the Company, representing 11.18% of the Company’s share capital and carrying a total of 4,063,003 votes at general meetings of shareholders of the Company, which is 11.18% of the overall number of votes at such meetings.

According to the aforementioned notification, OFE and DFE do not exclude the possibility that, within 12 months of the date on which its share of the overall number of votes in the Company passed the 10% threshold, it may further acquire or dispose of shares in the Company, depending on the market situation and the functioning of the Company.

Signatures:
Maciej Krzyżanowski — President of the Management Board,
Tadeusz Czichon — Vice-President of the Management Board