Mediaset : Cautionary injunction requested by Vivendi against Mediaset, Fininvest and Simone Fiduciaria

Mediaset has announced that it has received from Vivendi S.A. ('Vivendi') notification of a preliminary injunction pursuant to Articles. 2378 c.c. and 700 c.p.c. requesting the Court of Milan, among other things, prior to 5 November 2019, to:

1. issue a preliminary suspension, ahead of a decision on the merit and pursuant to art. 2378 c.c., of the implementation and effectiveness of the resolution taken by an Extraordinary Shareholders? Meeting of Mediaset held on 4 September 2019, as well as any related assumptions and/or subsequent resolutions;

2. suspend, by extreme order, the implementation and effectiveness of the aforementioned resolution, at least until the conclusion of the pending judgements by the European Court of Justice and the TAR of Lazio relating to the AGCom Resolution n.178/17;

3. in any case, adopt any other appropriate measure necessary to protect the position of the appellant and to prevent conduct by the defendant aimed at preventing the former from exercising the right to participate, vote or any other associated right connected with the Mediaset shares held by the appellant.

The Court of Milan has fixed the date of the hearing for 30 October 2019. The same hearing will also examine the cautionary injunction requested by Simon Fiduciaria S.p.A. also brought with the aim of suspending the resolution taken by an Extraordinary Shareholders? Meeting of Mediaset held on 4 September 2019 (see the Press relase of 11 October 2019), following the decision by the Court to examine the case together with that brought by Vivendi.

Vivendi has meanwhile withdrawn a preliminary judicial claim with the Court of Amsterdam which, consequently and on the request of Vivendi, no longer be heard.