KD Group, financial company, d.d., Dunajska cesta 63, Ljubljana (hereinafter: KD Group d.d.), hereby informs the public that on 22 April 2013 it lodged a constitutional appeal against the judgment of the Supreme Court, ref. no. III Ips 57/2010 dated 22 January 2013, which annulled Resolution No. 2.2 of the 11th General Meeting of KD Holding d.d. (now KD Group d.d.) held on 29 August 2008 on the distribution of retained profits for the year 2007; the company published a notice regarding this decision and the text of the judgment on its website and on SEOnet on 25 February 2013.
In its constitutional complaint to the Constitutional Court, KD Group d.d. proposes that, due to a violation of the constitutional rights to free economic initiative (Article 74 of the Constitution of the Republic of Slovenia), the right to equal protection of rights (Article 22 of the Constitution of the Republic of Slovenia) and the principle of equality before the law (Article 14 of the Constitution of the Republic of Slovenia), in conjunction with the principle of the rule of law (Article 2 the Constitution of the Republic of Slovenia), the right to private property (Article 33 of the Constitution of the Republic of Slovenia) and the right to judicial protection (Article 23 of the Constitution of the Republic of Slovenia), the Constitutional Court should set aside in its entirety the judgment of the Supreme Court, thereby upholding the resolution of the 11th General Meeting of Shareholders of KD Holding d.d. dated 29 August 2008 on the distribution of retained profits for the year 2007.
KD Group d.d.’s decision to lodge a constitutional complaint is based on the view that the judgment handed down by the Supreme Court has significant consequences for KD Group d.d., as it raises important legal issues in the field of company law concerning the scope of autonomy in regulating relations between a public limited company and its shareholders. The content of the draft resolutions to be put forward at future general meetings of KD Group d.d. shareholders therefore also depends on the outcome of this constitutional appeal.
KD Group d.d. will keep the public informed of the progress of the proceedings before the Constitutional Court.
This notice will also be published on the company’s website,
www.kd-group.com, under ‘Public Announcements’, from 24 April 2013 onwards.
KD Group d.d.
KD Group d.d.
