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9 November 2021 at 22.30 CET
Regulated information – inside information
Nyrstar NV (the "Company") today provides an update on the third-party application proceedings filed by Trafigura PTE Ltd. and Trafigura Group PTE Ltd. against an earlier judgment of the President of the Antwerp Enterprise Court (Antwerp division) dated 30 October 2020 (the "Judgment").
The President of the Antwerp Enterprise Court (Antwerp division) today revoked the appointment of the panel of corporate law experts and halted the expert investigation. The President ordered that the costs associated with the expert investigation so far, is paid for by the Company.
As mentioned in the Company's press release of 30 October 2020, in such Judgment, the President appointed a panel of corporate law experts to investigate certain transactions of the Company.
In these third-party application proceedings, a first judgment had already been issued on 2 July 2021, as stated in the Company's press release of 5 July 2021. Therein, the President of the Antwerp Enterprise Court (Antwerp division) had ordered the original claimant shareholders to produce to the court a full overview of their transactions in the Company’s shares. Further, the President had ordered that the expert investigation be suspended until the verdict after the hearing on the documentation so submitted. Such hearing took place on 28 September 2021.
Today, the President of the Antwerp Enterprise Court (Antwerp division) has rendered a second judgment in these third-party application proceedings. In this decision, the President has declared the third-party application proceedings of Trafigura PTE Ltd. and Trafigura Group PTE Ltd. well-founded and has revoked the Judgment vis-à-vis Trafigura PTE Ltd, Trafigura Group PTE Ltd, the Company and the original claimant shareholders, thus revoking the appointment of the experts and halting the expert investigation. The President has ordered that the costs of the expert investigation to date be borne by the party that has borne them to date in accordance with the Judgment, i.e. the Company.
The Company is currently analysing this new judgment together with its legal advisors and will evaluate its consequences for the other ongoing proceedings, in particular the appeal lodged by the Company against the Judgment and the proceedings on the merits.
A detailed overview of the current proceedings is available on the Company website at: https://www.nyrstar.be/en/investors/restructuring/summary-of-ongoing-proceedings.
About Nyrstar NV
The Company is incorporated in Belgium and, following completion of the recapitalisation/restructuring has a 2% shareholding in the Nyrstar group. The Company is listed on Euronext Brussels under the symbol NYR. For further information please visit the Nyrstar website: www.nyrstar.be.
For further information contact:
Anthony Simms - Head of External Affairs & Legal email@example.com