CCR S.A. (“CCR” or “Company”) (B3: CCRO3; Bloomberg: CCRO3 BZ; Reuters: CCRO3.SA), hereby announces to the shareholders and the market in general, complementing the Material Facts disclosed by the Company on September 26 and October 4, 2018, the following clarifications regarding the Lawsuit of Common Procedure Nr. 5045805-58.2018.4.04.7000, filed on October 4, 2018 by the joint subsidiary Rodonorte – Concessionária de Rodovias Integradas S.A. (“RodoNorte”) against the Government of the State of Paraná (“Granting Power”) and others, at the 1st Federal Court of Paraná, given the Intervention Decree 11243, edited by the Granting Authority, published on October 4, 2018, in the Official Gazette of the State of Paraná (“Intervention Decree”):
In this lawsuit, RodoNorte requested the grant of a preliminary injunction to suspend the effectiveness of the Intervention Decree and, on merit, requested the declaration of nullity. In summary, it was submitted that the reasons listed in the Intervention Decree do not comply with the legal hypotheses that authorize the intervention in the Concession Agreement entered into between RodoNorte and the Granting Authority (Article 32 of Law 8987/1995 and Clause XXVII of the Concession Agreement), therefore, translating into an excess of power or misuse of purpose.
It was shown in the Lawsuit that the Intervention Decree, as evidenced by its text, had the purpose of being used by the Granting Authority as a mere instrument of inspection of RodoNorte’s activities, which is not the purpose of the Intervention rule provided for in Article 32 of Law 8987/95.
Today, the MM. Judge of the 1st Federal Court of Paraná rendered a decision partially granting the request for the anticipation of the effects of the jurisprudence “for purposes to give interpretation according to law to Decree 11243 of the Government of the State of Paraná, establishing that where it is written ‘intervention’ it should read ‘inspection’, where it is written ‘intervening party’ it should read ‘inspector’”. Also stated that “In other words, the decrees of the Government of the State of Paraná published yesterday (October 4, 2018) are not technically correct regarding the nomen juris included in the decree the expression of ‘decree of intervention’, when in fact they attribute to the ‘intervening party’ powers of mere inspection. Perhaps the name adopted is more political than legal. However, in the procedural realm, the essence, not the appearance, is what matters.”
Therefore, the Company hereby informs that, pursuant to said injunction, there is no intervention in the concession managed by RodoNorte. There is only an “inspection”, which only grants to the Concession Authority the power to inspect the concession (a power that has always been ensured to the Granting Authority by Clause XXIII, item “a” of the Concession Agreement). The management of the concession remains under the responsibility of RodoNorte.
The same information is available on the Company’s website www.ccr.com.br/ri. .
To access the Material Fact, click here.
São Paulo, October 11, 2018.
Arthur Piotto Filho
Investor Relations Officer