Nyrstar NV – update with regards to recent litigation 12 May 2023 at 14:00 CEST
Nyrstar NV (the "Company") wishes to update its shareholders on certain litigation proceedings of which it is the subject.
As a reminder, on 3 January 2023, the Company received a writ of summons from certain shareholders of the Company (the “Claimants”) initiating summary proceedings relating to interim measures. The President of the Antwerp Enterprise Court, Antwerp division (the “President”) heard the case on 25 April 2023.
Today, the President issued his judgment in these summary proceedings.
In this judgement, the President took note of the Company’s announcement of 14 February 2023 that it will not take steps to convene a general meeting with dissolution as an agenda item (or take preparatory actions to that effect) until the Supreme Court has rendered a judgment in the pending Supreme Court appeal against the judgment of the Antwerp Court of Appeal dated 17 November 2022 with respect to the claim for the appointment of a panel of experts, known under docket numbers 2020/RK/35, 2020/RK/38 and 2022/AR/177.
The President dismissed the Claimants’ request to impose a prohibition on the Company to convene a shareholders' meeting to decide on the dissolution of the Company.
Furthermore, the President also dismissed the Claimants’ request to appoint a provisional administrator or a trustee ad hoc. These claims were found to be inadmissible for a number of Claimants, and ill-founded for the remainder of Claimants.
Finally, each party was ordered to bear its own costs in relation to these summary proceedings.
The Company is currently analysing this new judgment together with its legal advisors.
A detailed overview of the current proceedings is available on the Company website at: https://www.nyrstarnv.be/en/investors/restructuring/summary-of-ongoing-proceedings
The Company is incorporated in Belgium and listed on Euronext Brussels under the symbol NYR. For further information please visit the Nyrstar NV website: www.nyrstarnv.be