Dismissal of appeal by the Company of a decision issued by the Regional Court in Legnica regarding prohibition of the payout of the second tranche of the dividend

Based on information obtained in the Secretariat of the Ist Civil Section of the Court of Appeals in Wrocław, the Management Board of KGHM Polska Miedź S.A. announces that on 6 September 2007 the Court of Appeals in Wrocław dismissed the appeal of the Company respecting a decision issued by the Regional Court in Legnica dated 1 August 2007 regarding prohibition of the payout of the second tranche of the dividend in the amount of PLN 1 696 000 000.00, which was to be paid on 10 September 2007. The decision of the Court of Appeals in Wrocław is final and binding.

With reference to the current report 44/2007 dated 7 August 2007, the court hearing regarding invalidation of resolution nr 3/2007 of the Extraordinary General Shareholders Meeting of KGHM Polska Miedź S.A. dated 9 July 2007, respecting the correction of resolution nr 39/2007 of the Ordinary General Shareholders Meeting of KGHM Polska Miedź S.A. dated 30 May 2007 on the distribution of profit for financial year 2006 and setting of the right to dividend date and dividend payment dates, has been set for 18 September 2007. 

Legal basis: § 39 sec. 1 point 6 and 7 of the Decree of the Minister of Finance dated 19 October 2005 regarding current and periodic information published by issuers of securities (Journal of Laws from 2005 Nr 209, item 1744)