Santiago, May 2, 2023
AGUAS ANDINAS S.A.
Mrs. Solange Dinas
ESSENTIAL FACT
AGUAS ANDINAS S.A.
Registration Registry of Securities N° 0346
Berstein Jauregui
President
Financial Market Commission
Present
Dear Sir or Madam:
In relation to the essential fact of April 27, and what was consulted in your email today, we inform about the matter and amount of the current litigation whose results will be assumed by Aguas Andinas S.A.:
1. The existence of the following disputes is reported:
– Case Roll C-2488-2020, titled “Ojeda with ESSAL”, followed before the 12th Civil Court of Osorno: Claim for compensation for damages for non-contractual liability filed by a group of 220 natural persons who claim to have been affected by the cut of drinking water supply that occurred in July 2019 in the city of Osorno. Compensation for moral damages amounting to $1,095,000,000 is claimed.
– Case Roll C-2588-2020, titled “Niklitschek with ESSAL”, followed before the 19th Civil Court of Osorno: Claim for compensation for damages due to contractual liability, and in non-contractual subsidy, filed by eleven legal entities that claim to have been affected by the cut of drinking water supply that occurred in July 2019 in the city of Osorno. Emergent damages and loss of profits are claimed, the plaintiffs having reserved the discussion and determination of the type and amount of the damages for the stage of compliance with the judgment or for a subsequent trial.
– Case Roll C-5909-2019, titled “Tricard with ESSAL” followed before the 19th Civil Court of Puerto Montt: Claim for compensation for damages for non-contractual liability, and in contractual subsidy, filed by a company that alleges to have been affected by the suspension of drinking water supply that occurred in Osorno in July 2019. Compensation is claimed for consequential damages and loss of profits, amounting to $30,147,952.
– Case Roll C-5210-2019, titled “Tricot with ESSAL” followed before the 1st Civil Court of Puerto Montt: Claim for compensation for damages for non-contractual liability, and in contractual subsidy, filed by a company that alleges to have been affected by the suspension of drinking water supply that occurred in Osorno in July 2019. Compensation is claimed for consequential damages and loss of profits, amounting to $24,670,447.
Although we are not in a position to anticipate the results of the preceding cases, it is noted that there are solid precedents that justify ESSAL’s position in these trials. In this sense, in the event of unfavorable judgments, we consider that these should be for amounts significantly lower than the defendants.
– Case Roll C-5874-2021, titled “ESSAL with Superintendence of Sanitary Services”, followed before the 11th Civil Court of Santiago: Claim of the application and amount of the fine imposed on ESSAL by the Superintendence of Sanitary Services on the occasion of the suspension of the drinking water supply service occurred in Osorno in July 2019. The penalty that is the subject of the claim amounted to UTA 2,720 and was paid in full at the time the action was brought. A judicial decision that nullifies or reduces the amount of that fine would imply a restitution of all the sums paid.
Yours sincerely yours,
Santiago Stock Exchange
Electronic Stock Exchange of Chile
ICR Chile, Risk Rating Agency
Fitch Ratings, Risk Rating Agency
Banco de Chile
Link to file in CMFChile: https://www.cmfchile.cl/sitio/aplic/serdoc/ver_sgd.php?s567=a3c638be81e36aa68a884437d66d31f4VFdwQmVVMTZRVEZOUkVVMFQwUnJlazEzUFQwPQ==&secuencia=-1&t=1683072841
