Ecometals Litigation Update in Brazil
07 Novembro 2008 - 4:30PM
Marketwired
Ecometals Limited (TSX VENTURE: EML)(FRANKFURT: GDQ)(BERLIN: GDQ)
(the "Company") - On October 1, 2008 a Federal Court of Appeals in
Brazil ruled in favour of the Company's partner, Tocantins
Mineracao S/A ("Tocantins"), with respect to a dispute regarding
the ownership of certain manganese assets in the State of Amapa.
The following comments provide additional detail on the ruling that
were not available at the time of the previous press release.
On October 1, 2008 Appeal # 2005.32.00.000418-9/AP was submitted
to Tribunal Federal de Recursos da 1a Regiao (Federal Court of
Appeals of the 1st Region) to scrutinized a decision issued by
Amapa's 1st Federal Court on June 15, 2005 (the Original Decision).
For the sake of clarity, Appeal # 2005.32.00.000418-9/AP encompass
requests submitted by the State of Amapa (Amapa), Tocantins and the
Federal Government in order to amend the Original Decision that
dealt with: (i) the Santana Port operation; (ii) the railway
operation, as well the ownership of all the infra-structural
assets; and (iii) the ownership of the ore stockpiles deposited in
Serra do Navio and Santana Port.
Briefly, Amapa's appeal defended their opinion that Amapa was
the legal "heir" of all assets deriving from a certain mining
concession entered into by the Federal Government on behalf of the
former Territory of Amapa; and consequently the Original Decision
erred (i) to establish Tocantins' ownership over the manganese
piles deposited in Serra do Navio and Santana Port; (ii) to
determine that the right to operate the Santana Port devolve upon
the Federal Government and (iii) not to convey to Amapa that all
reversible assets (machinery, equipments and other apparatus) and
mined material.
In its turn Tocantins tried to amend the Original Decision only
as regards the possession of the area where the Santana Port is
established.
The Federal Court of Appeals denied entirely both such appeals.
As regards the Federal Government appeal, the Federal Court
accepted the arguments put forward by the Federal Government that
it should be the owner of the railway, as well as of all the
infra-structural assets this representing the relevant change
introduced by the decision arising out from the appeal vis-a-vis
the Original Decision.
Consequently, the ownership of the manganese piles remains with
Tocantins and the operation of the Santana Port remains with
Federal Government as set forth in the Original Decision, and the
ownership of the railway passed to the ownership of the Federal
Government in detriment of Amapa.
Against this decision, Amapa filed a motion for clarification,
which is pending of analysis of the Federal Court of Appeals. It is
important to note that, although the decision of the Federal Court
of Appeals is subject to further appeals, this appeal does not
suspend, in principle, the effects of the mentioned decision.
About Ecometals
Ecometals Limited is a Canadian-listed mineral exploration and
development company focused on mineral resources in Latin America.
Ecometals also holds 44.4% of Atomaer Holdings Pty Ltd., a private
Australian holding company. Ecometals owns 66% and Tocantins holds
34% in a Joint Venture related of the Serra do Navio manganese
property.
The TSX Venture Exchange has not reviewed and does not accept
responsibility for the adequacy or accuracy of this release.
Contacts: Ecometals Limited Daniel J. Major Chief Operating
Officer 011 44 207 3408522 Email: daniel.jmajor@btopenworld.com
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