Ad-hoc Report – Update on legal case against Competition Council fine

In compliance with Capital Markets Law no. 297/2004 and Regulation no.1/2006 of NSC

Date of report: 07.11.2013
Name of issuer: OMV PETROM S.A.
Headquarters: Bucharest, Coralilor nr. 22, sector 1 ("Petrom City")
Telephone, fax number: +40 372 429082/ +40 372 868518
Sole registration number: 1590082
Fiscal attribute: R
Trade Register Number: J 40/8302/1997
Share capital: 5,664,410,833.5 RON
Regulated market on which the issued shares are traded: Bucharest Stock Exchange

Significant event to be reported:

Follow-up on the adhoc announcement dated January 10, 2012 with regards to the Eco Premium investigation by the Romanian Competition Council against Petrom

As communicated through the adhoc report dated January 10, 2012, OMV Petrom SA requested the Court to annul the Competition Council Decision no. 97/2011 regarding the result of the antitrust investigation concerning the withdrawal of the retail product Eco Premium (unleaded gasoline pre-mixed with lead substitute) from the Romanian fuels market. The legal action aimed to exempt OMV Petrom SA from paying the fine imposed by the authority, amounting to RON 366,530,965. In Q4/11, OMV Petrom SA booked a provision to reflect this fine, and in accordance with the current legislation, the fine payment was done in H1/12.

On November 6, 2013, the Court of Appeal in Bucharest rejected OMV Petrom SA’s request against the Competition Council’s decision. OMV Petrom SA will file an appeal to the High Court of Cassation and Justice, whose decision will be irrevocable.
The legal action initiated by OMV Petrom Marketing SRL (100% subsidiary of Petrom) against the Competition Council decision, was also rejected by the Court. Consequently, OMV Petrom Marketing SRL will file an appeal.

OMV Petrom SA and OMV Petrom Marketing SRL are of the opinion that the fines imposed by the Competition Council are not justified, and will continue to challenge the decisions in the courts.