Indicate by check mark
whether the registrant by furnishing the
information contained in this Form is
also thereby furnishing the
information to the Commission pursuant to Rule
12g3-2(b) under
the Securities Exchange Act of 1934.
Yes ______ No ___X___
Investor Relations | |
(+55 61) 415-1140 | |
ri@brasiltelecom.com.br | |
Media Relations | |
(+55 61) 415-1378 | |
cesarb@brasiltelecom.com.br |
Free Translation
BRASIL TELECOM S.A. | BRASIL TELECOM PARTICIPAÇÕES S.A. |
Publicly-held Corporation | Publicly-held Corporation |
Corporate Taxpayers Registry 76.535.764/0001-43 | Corporate Taxpayers Registry 02.570.688/0001-70 |
Board of Trade 53 3 0000622 9 | Board of Trade 53 3 0000581 8 |
MATERIAL FACT
In compliance with the terms set forth in Article 157 of Law 6,404/76 and in CVM Instruction 358/02, Brasil Telecom Participações S.A. and Brasil Telecom S.A. (Brasil Telecom) announce that, per request of Investidores Institucionais Fundo de Investimentos em Ações, Judge Alexander Macedo of the 8th Business Court of the Capital District of Rio de Janeiro, upon consideration of Judicial Proceeding 2005.001.051.781-7, ordered the following:
I hereby GRANT THE PRELIMINARY INJUNCTION, AS REQUESTED ON ITEMS (I) AND (II) OF THE INITIAL PETITION, WHICH SHALL HAVE EFFECT UNTIL HEARINGS DESIGNATED HEREAFTER TAKE PLACE TO (i) suspend the validity of all acts, whether corporate or contractual, or of any other nature, that seek or have an effect on, directly or indirectly, the implementation of the merger or sale under any agreement of BTC by TIM BRASIL or by any other legal entity of the Telecom Italia Group; (ii) prohibit the accomplishment of any extraordinary managerial act, including but limited to the disposal or sale of any kind, to any party, of any asset of Brasil Telecom and BTC, so as to maintain undamaged its operations, identity, license, and value, without the prior consent and pronouncement of the controlling shareholders.
I hereby impose the penalty of a daily fine, in case of violation of terms set forth herein, on defendants Opportunity Fund and Opportunity Lógica, on defendants that are members of the Telecom Italia Group and on the members of its Board of Directors and Senior Management, in the order of R$20,000,000.00 (twenty million reais), for the violation of any of the dispositions aforementioned, with no loss to the adoption of other measures for the return of the status quo ante.
I hereby designate a special hearing to be held on May 24, 2005, at 3:30 p.m., to be attended by all involved parties or their respective attorneys-in-fact, with powers to transact.
Brasil Telecom is taking all legal measures to present its reasoning before the court and revoke the preliminary injunction, taking into consideration the major benefits that the transaction would bring to its operations.
Brasília, Brazil, May 10, 2005.
Carla Cico | Paulo Pedrão Rio Branco |
Investor Relations Officer | Investor Relations Officer |
Brasil Telecom S.A. | Brasil Telecom Participações S.A. |
BRASIL TELECOM S.A.
| ||
By: |
/S/
Carla Cico
| |
Name: Carla Cico
Title: President and Chief Executive Officer
|