The Danish Financial Supervisory Authority (the “Danish FSA”) today announced that it intends to report DONG Energy A/S to the police, claiming that a fine be imposed on the company for its failure to submit certain information to the Danish FSA. According to the Danish FSA, DONG Energy, being an issuer of bonds listed in London and Luxembourg, was under an obligation to submit copies of certain published company announcements and financial reports to the Danish FSA. Being a state-owned public limited company and an issuer of listed bonds, DONG Energy is subject to rules in Denmark, England, Luxembourg and the EU. DONG Energy has complied with its obligations to inform the market and hence investors by publishing mandatory and voluntary company announcements and financial reports to the stock exchanges in Luxembourg and London and to the Danish Commerce and Companies Agency. Furthermore, all announcements and reports are available on DONG Energy's website. Thus, DONG Energy has not withheld any information from the company's bond investors or other stakeholders. DONG Energy has been in dialogue with the Danish FSA concerning the non-submission of information. As a consequence of this matter, the company has immediately changed its procedures for publication to comply with the requirements of the Danish FSA. “DONG Energy makes great efforts to ensure a high level of information for all our stakeholders, and, even before the Danish FSA contacted us, we have been in regular contact with both Danish and foreign authorities to ensure that we interpret the rules correctly, including the interrelation between the EU rules and the national rules in Denmark, Luxembourg and England, and that we comply with such rules. It is important for us to emphasise that all relevant information has been disclosed to the market and the public in a timely manner. We consider it a technical slip that a copy of this information has not been submitted to the Danish FSA,” says Christian T. Skakkebæk, Senior Vice President, Legal. The matter in brief: Dong Energy A/S has issued a number of bond series which are listed on the London and Luxembourg stock exchanges. See www.dongenergy.com for additional information about the bonds. Pursuant to an EU directive, issuers of listed bonds are subject to rules on a mandatory home country. Denmark is the mandatory home country of companies domiciled in Denmark if they have issued bonds listed on a stock exchange in an EU member state with a nominal value per bond of less than EUR 1,000. If Denmark is the home country, the company is required to submit copies of certain published information to the Danish FSA. According to the interpretation of the Danish FSA, Denmark is the home country of all bonds of an issuer, such as DONG Energy A/S, which has issued bonds both with a nominal value of less than and above EUR 1,000 each. Accordingly, this also applies to bond series with a denomination of EUR 1,000 and above. The content of this announcement does not alter the previously announced expectations for DONG Energy's financial result for 2009 or the announced expected level of investments. For further information, contact: Media Relations Louise Münter +45 9955 9662 Investor Relations Morten Hultberg Buchgreitz +45 9955 9750 DONG Energy is one of the leading energy groups in Northern Europe. We are headquartered in Denmark. Our business is based on procuring, producing, distributing and trading in energy and related products in Northern Europe. We have approximately 6,000 employees and generated more than DKK 60 billion (EUR 8.2 billion) in revenue in 2008. For further information, see www.dongenergy.com.
The Danish Financial Supervisory Authority brings action against DONG Energy