Klaipedos Nafta AB - Notification on material event

AB Klaipėdos Nafta received court notifications about appeals filed by AB Kauno Dujotiekio Statyba and UAB Šiaulių Dujotiekio Statyba, also by PPS Pipeline Systems GmbH

AB Klaipėdos Nafta (hereinafter, the Company) received notifications from the
Klaipėda Regional Court (hereinafter, the Court) on 2 May 2013 regarding (i)
the appeal filed by the claimants AB Kauno Dujotiekio Statyba and UAB Šiaulių
Dujotiekio Statyba (hereinafter, KDS and ŠDS) against the Court judgement of 16
April 2013, passed in civil case No. 2-925-265/2013 (hereinafter, the
Judgement), as well as (ii) the appeal of the claimant PPS Pipeline Systems
GmbH (hereinafter, PPS) filed against the same Judgement. The Court by its
notification obligated the Company, which is the respondent in the case, to
present its responses to the appeals within 14 days. 

In their appeal KDS and ŠDS inter alia request:

  1. to reverse that part of the Judgement, by which the statement of claim and
     the supplemented statement of claim of KDS and ŠDS were rejected and the
     part of the civil case concerning the statement of claim of KDS and ŠDS, by
     which they requested to annul the decision of the Company, dated 18
     September 2012, on admitting the qualification of PPS to be in conformity
     with the minimal qualification requirements set forth in the terms of
     procurement, was terminated and to pass a new judgement - to fully satisfy
     the statement of claim and the supplemented statement of claim of KDS and
     ŠDS;
  2. to refer to the Court of Justice of the European Union for a preliminary
     ruling on the issues specified in the appeal of KDS and ŠDS.

In its appeal, PPS inter alia requests:

  1. to reverse that part of the Judgement, by which the statement of claim of
     PPS was rejected and to pass a relevant new judgement, satisfying the
     statement of claim of PPS;
  2. to uphold that part of the Judgement, by which the statement of claim of
     KDS and ŠDS was rejected.

It should be emphasised that the Judgement states the actions of the Company
when  executing the public procurement “Procurement of Engineering, Procurement
and Construction (EPC) Works for Natural Gas Pipeline System” were conducted
properly, thus claims of KDS and ŠDS and of PPS were rejected as groundless.
With regard to this, the appeals are assessed as groundless as well. 

The Company notes that the aforementioned appeals are not the obstacles for
conclusion of the Contract for Natural Gas Pipeline System Engineering,
Procurement and Construction (EPC) Works after expiry of the obligatory 15
days' period of deferment applicable to the conclusion of the contract, as
provided for in the Law of the Republic of Lithuania on Public Procurement. 




         Mantas Bartuška, Director of the Finance and Administration
Department, (+370 46) 391 763