IMMOFINANZ AG: Review procedure initiated by the Austrian Takeover Commission pursuant to Section 33 of the Austrian Takeover Act
The Austrian Takeover Commission notified IMMOFINANZ AG on 17 March 2021 that a review procedure is being initiated pursuant to Section 33 para 1 item 2 of the Austrian Takeover Act with respect to IMMOFINANZ AG as target company.
The 2nd Panel of the Austrian Takeover Commission decided on 04 March 2021, pursuant to an application by Petrus Advisers Investments Fund L.P., to initiate a review procedure pursuant to Section 33 para 1 item 2 of the Austrian Takeover Act with respect to the target company IMMOFINANZ AG.
The applicant argues that, based on the acquisitions of shares in IMMOFINANZ AG carried out by Ronny Pecik and Peter Korbačka (via RPPK Immo GmbH) in February 2020 and further control-relevant (capital) measures in 2020 at IMMOFINANZ AG and S IMMO AG, an obligation to launch a takeover offer at the level of IMMOFINANZ AG has been violated.
Subject of these review proceedings is, whether against this background Ronny Pecik, RPR Privatstiftung (Reg. No. 191884h), RPR Management GmbH (Reg. No. 292808a), RPPK Immo GmbH (Reg. No. 525728f), RPR Treasury GmbH (Reg. No. 534052x), Peter Korbačka, S IMMO AG (Reg. No. 58358x), CEE Immobilien GmbH (Reg. No. 217290w), Norbert Ketterer, HAMAMELIS GmbH & Co KG (Reg. No. 518190w), EVAX Holding GmbH (Reg. No. 533290a) and any further legal entities may acting in concert have violated an obligation to launch a takeover offer pursuant to Sections 22 et seq Austrian Takeover Act for IMMOFINANZ AG.
