In its ruling of 13 September 2011, the Constitutional Tribunal declared that imposing real estate tax on underground workings is impermissible as they are not construction facilities within the meaning of the Construction Law but space in land properties or in rock formations, developed as a result of mining work, which indisputably follows from the Geological and Mining Law.

The decision of the Constitutional Tribunal has enabled us to take appropriate legal steps aiming at recovering the unduly charged tax on underground workings. We have also freed up a significant amount of reserves which can be now used for the Company’s current investment needs. I’m convinced that the outcomes of other cases currently pending before the court in this matter will be also positive – commented Jarosław Zagórowski, JSW S.A.’s CEO.