Resolution on the Initiation of Criminal Prosecution

UNOFFICIAL TRANSLATION FROM CZECH. Original document: Usneseni o zahajeni trestniho stihani. Translation prepared: 10 March 2026.

Translator's note: This translation was prepared from an OCR-processed copy of the original document. Certain passages contain OCR artifacts in the source text, which are noted where they affect comprehension. The translation faithfully renders the content of the original.

POLICE OF THE CZECH REPUBLIC

Regional Police Directorate of the Capital City of Prague
Criminal Police and Investigation Service
Department of Economic Crime, 5th Division
Krakovska 1362/14, 110 00 Prague 1

Ref. No. KRPA-345793-320/TC-2023-000095-PRI      Prague, 17 February 2026
Number of pages: 32

RESOLUTION

Pursuant to Section 160(1) of the Code of Criminal Procedure, criminal prosecution is hereby initiated against the following persons:

1) Ing. Mgr. Igor SCHULMEISTER, born 3 March 1979, permanently residing at Opalkova 754/8, 635 00 Brno-Bystrc,

as the accused, for the commission of the criminal offence of Abuse of Position in Business Relations pursuant to Section 255a(1)(3) of the Criminal Code, committed in co-perpetration pursuant to Section 23 of the Criminal Code,

2) Mgr. Jaroslav REHOR, born 22 October 1987, permanently residing at Rekreacni 309/20, 748 01 Hlucin-Bobrovniky,

as the accused, for the commission of the criminal offence of Abuse of Position in Business Relations pursuant to Section 255a(1)(3) of the Criminal Code, committed in co-perpetration pursuant to Section 23 of the Criminal Code,

which they are alleged to have committed by the following conduct:

in the period from October 2021 to 23 June 2025, in Prague,

Ing. Mgr. Igor Schulmeister held the position of managing director from 8 September 2011 to 11 March 2022, and has been a shareholder since 8 September 2011 to the present date, of the company Ekologicke zdroje energie s.r.o., Company ID No. 27730298, with its registered office at Palackeho 75/21, 779 00 Olomouc-Nova Ulice (hereinafter referred to as "EZE"), and was an employee of this company from 5 November 2019 to 31 March 2022, and simultaneously has been, from 17 March 2022 to the present date, the managing director and shareholder of the competing company HGN Power CZ s.r.o., Company ID No. 11976063, with its registered office at Na Safrance 1803/24, 101 00 Prague 10-Vinohrady (hereinafter referred to as "HGN Power CZ s.r.o."),

when, following a prior agreement with

Mgr. Jaroslav Rehor, who held the position of employee at EZE from 1 April 2014 to 30 April 2022, and was simultaneously the managing director and shareholder of the competing company HGN Power CZ s.r.o. from 27 October 2021 to 17 March 2022,

as the accused, they acted jointly with the same objective of securing competing business activities and actively transferred the resources of the company to the competing company HGN Power CZ s.r.o. for the purpose of conducting competing business activities in the trade in electricity, i.e. with the same business object as EZE, specifically:

Ing. Mgr. Igor Schulmeister:

• on 1 November 2021, entered into a Lease Agreement for Business Premises with HGN Power CZ s.r.o. for the benefit of the competing company HGN Power CZ s.r.o.,
• on 3 February 2022, caused a Notarial Record, file ref. NZ 38/2022, to be drawn up, whereby, as the majority owner of EZE, he removed David Dvorak from the position of second managing director of EZE,
• on 17 February 2022, resigned from the position of managing director of EZE, effective upon delivery on 11 March 2022, thereby paralysing EZE's further business activities, as EZE was left without a statutory representative from that date,
• on 4 March 2022, as the sole statutory representative of EZE, prepared exit calculations for EZE employees Lukas Pop, Jaroslav Rehor, and Jan Vala, following the termination of their employment relationship at EZE,
• on 28 March 2022, as the sole statutory representative of EZE, accepted the resignations of key EZE employees Stepan Cilecek, Anna Baginska, and Marek Cermak, who then, together with their knowledge and expertise, transferred to the competing company HGN Power CZ s.r.o.,
• on 21 March 2022, as managing director of the competing company HGN Power CZ s.r.o., entered into a Banking and Related Services Agreement with Raiffeisenbank a.s., Company ID No. 49240901, for the opening of account No. 6637167000/5500,
• on 21 March 2022, as managing director of the competing company HGN Power CZ s.r.o., entered into a Banking and Related Services Agreement with Raiffeisenbank a.s., Company ID No. 49240901, for the opening of account No. 6637343002/5500,
• on 21 March 2022, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into a Banking and Related Services Agreement with Raiffeisenbank a.s., Company ID No. 49240901, for the opening of account No. 6637167000/5500,

Mgr. Jaroslav Rehor:

• on 4 October 2021, established the competing company HGN Power CZ s.r.o. by drawing up a Notarial Record on the Establishment of HGN Power CZ s.r.o., file ref. NZ 1451/2021, N 1812/2021,
• on 6 October 2021, as the sole managing director of the competing company HGN Power CZ s.r.o., signed a power of attorney for representation in administrative proceedings before the Energy Regulatory Office for the competing company HGN Power CZ s.r.o., authorising persons including Jan Vala and Jaroslav Rehor,
• on 5 November 2021, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into an agreement with Komercni banka a.s., Company ID No. 45317054,
• on 3 November 2021, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into a Preliminary Agreement with Komercni banka a.s., Company ID No. 45317054, account No. 124-5199706/0100,
• on 5 December 2021, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into an Agreement with Komercni banka a.s., Company ID No. 45317054, account No. 125-6663507/0100, for the purpose of conducting business,
• on 2 February 2022, initiated the process for obtaining a permit for the acquisition of electricity exempt from VAT; a permit was subsequently issued to the competing company HGN Power CZ s.r.o. by the Customs Office for the Capital City of Prague, under ref. no. 90/13-5/2022-01/0630-11, dated 20 October 2022,

whereby he deliberately exploited his participation in the business of the competing company HGN Power CZ s.r.o. and, in co-perpetration pursuant to Section 23 of the Criminal Code, with the intent to procure an unlawful advantage for the competing company HGN Power CZ s.r.o., and by their joint conduct caused damage to the detriment of EZE, whereby:

1) Ing. Mgr. Igor Schulmeister, as a shareholder of EZE from 8 September 2011, and managing director of EZE from 8 September 2011 to 11 March 2022, and an employee from 5 November 2019 to 31 March 2022,

and simultaneously, from 17 March 2022, both managing director and shareholder of the competing company HGN Power CZ s.r.o., while also preparing in advance as a shareholder of EZE, unilaterally signed agreements to the detriment of EZE in favour of the competing company HGN Power CZ s.r.o., and specifically signed the following contracts:

• on 18 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with Nord Pool AS, 1820 Lysaker, Norway, a company that operates the electricity exchange in Norway, by sending a request on behalf of HGN Power CZ s.r.o. from the e-mail address schulmeister@hgnpower.cz, which led to the conclusion of a contract with that company,
• on 17 March 2022, caused a Notarial Record, file ref. NZ 427/0/2022, to be drawn up, whereby he became the managing director of the competing company HGN Power CZ s.r.o.,
• on 23 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending, as the new managing director of HGN Power CZ s.r.o., an e-mail from schulmeister@hgnpower.cz containing a request for information and a request for the conclusion of a new contract, which led to the conclusion of a contract with CEPS, a.s., Company ID No. 25702556 (the operator of the transmission system of the Czech Republic),
• from the e-mail address rehor@hgnpower.cz, sent a request for information regarding the conclusion of a new contract, which led to the conclusion of a contract with CEPS, a.s., Company ID No. 25702556 (the organiser of the short-term electricity market in the Slovak Republic),
• on 11 March 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz a request for information regarding the conclusion of a new contract, which led to the conclusion of a contract with Slovenska elektrizacna prenosova sustava, a.s. (the operator of the transmission system in the Slovak Republic),
• initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz a request for information regarding the conclusion of a new contract with OTE, a.s., Company ID No. 25702556, the national administrator of electricity trading in the Czech Republic,
• initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz a request for information regarding the conclusion of a new contract (with the operator of the transmission system in the Federal Republic of Germany),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz a request for information regarding the conclusion of a new contract (with the operator of the transmission system in the Federal Republic of Germany),
• sent from the e-mail address rehor@hgnpower.cz an undertaking for two legal subscriptions in the Federal Republic of Germany,
• on 8 December 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz information regarding the conclusion of an account management agreement with CEPS, a.s., Company ID No. 25702556, and a Banking and Related Services Agreement with Raiffeisenbank a.s. (the operator of the transmission system of the Czech Republic),
• on 9 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz a request for information regarding HGN Power CZ s.r.o. (the operator of the transmission system of the Czech Republic),
• on 28 March 2022, entered into a Framework Agreement on Access to the Electricity Transmission System of the Czech Republic on behalf of the competing company HGN Power CZ s.r.o. with CEPS, a.s., Company ID No. 25702556 (the operator of the transmission system of the Czech Republic),
• on 29 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending an e-mail from schulmeister@hgnpower.cz with a request for the conclusion of a contract with EPEX Spot, Germany, a company that operates the electricity exchange, which led to the conclusion of a contract with that company,
• on 31 March 2022, entered into a Commercial Agreement on behalf of the competing company HGN Power CZ s.r.o. with GS1 Czech Republic, an association of legal entities (a company that assigns GLN identifiers for access to the exchange),
• on 31 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with APCS Power Clearing and Settlement AG, Austria (a company that manages electricity trading in Austria),
• on 21 April 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending an e-mail from schulmeister@hgnpower.cz with a request for the conclusion of a contract with Amprion GmbH, Federal Republic of Germany (an operator of the transmission system in the Federal Republic of Germany),
• on 4 April 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. with APCS Austria and Nord Pool, Norway, concerning the administration of balancing settlement transactions,
• on 24 May 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. with APCS Power Clearing and Settlement AG, Austria (a company that manages electricity trading in Austria),
• on 16 May 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. with the Austrian company Austrian Power Grid (APG) Transmission GmbH (the operator of the transmission system in Austria),
• on 23 May 2022, entered into a Balancing Group Agreement on behalf of the competing company HGN Power CZ s.r.o. with Amprion GmbH (the operator of the transmission system in the Federal Republic of Germany),
• on 2 June 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. for the use of products of the European Centre for Medium-Range Weather Forecasts with the Czech Hydrometeorological Institute,
• on 6 April 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. on the Assignment of a Framework Agreement on the Provision of Services in the Field of Electronic Communications and Information and Communication Technologies, ref. no. 2021-I-S15560, dated 18 March 2021, with Ceske Radiokomunikace a.s., Company ID No. 24738875, whereby the contractual obligation was assigned from EZE to the competing company HGN Power CZ s.r.o.,
• on 1 December 2022, entered into a Framework Agreement on behalf of the competing company HGN Power CZ s.r.o. on the Transmission of Electricity via Interconnectors with Slovenska elektrizacna prenosova sustava, a.s. (the operator of the transmission system in the Slovak Republic),

• on 19 December 2022, entered into a contract on behalf of the competing company HGN Power CZ s.r.o. with ELIA Transmission Belgium SA (the operator of the transmission network in Belgium),
• on 15 December 2023, entered into a Framework Agreement on the Purchase and Sale of Electric Energy on behalf of the competing company HGN Power CZ s.r.o. with free power s.r.o., Company ID No. 02011484 (a company engaged in electricity trading),

whereby he was involved in the business of both companies with the same business object, as a member of the governing body and subsequently as a shareholder in both companies, and by the above-described conduct created an unlawful advantage for the competing company HGN Power CZ s.r.o. to the detriment of EZE.

2) Mgr. Jaroslav Rehor,

as an employee of EZE from 1 April 2014 to 30 April 2022, and simultaneously the managing director and 100% shareholder of the competing company HGN Power CZ s.r.o. from 27 October 2021 to 17 March 2022, which has the same business object as EZE, inasmuch as he was involved in the business conducted to the detriment of EZE, and intentionally procured an unlawful advantage for the competing company HGN Power CZ s.r.o.:

• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to helpdesk.trade@ceps.cz with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with CEPS, a.s., Company ID No. 25702556 (the operator of the transmission system of the Czech Republic),
• from his e-mail address rehor@hgnpower.cz, sent an e-mail to market@okte.sk with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with OKTE, a.s., Company ID No. 45687862 (the organiser of the short-term electricity market in the Slovak Republic),
• on 11 March 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz an e-mail to alena.belanova@sepsas.sk with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with Slovenska elektrizacna prenosova sustava, a.s., Company ID No. 47234601 (the operator of the transmission system in the Slovak Republic),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to ote@ote-cr.cz with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with OTE, a.s., Company ID No. 26463318 (the national administrator of electricity trading in the Czech Republic),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to bilanzkreise@tennet.eu with a request for information

regarding the possible conclusion of a contract, which led to the conclusion of a contract with TenneT TSO GmbH (the operator of the transmission system in the Federal Republic of Germany),

• on 10 February 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to benedik.michal@sepsas.sk with a request for registration in the DAMAS system at Slovenska elektrizacna prenosova sustava, a.s., Company ID No. 35829141 (the operator of the transmission system in the Slovak Republic),
• on 11 February 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to dana.vinicka@okte.sk with a request for the conclusion of a contract on behalf of HGN Power CZ s.r.o., which led to the conclusion of a contract with OKTE, a.s. (the organiser of the short-term electricity market in the Slovak Republic),
• on 11 February 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to certificate@okte.sk with a request for the conclusion of a contract on behalf of HGN Power CZ s.r.o., which led to the conclusion of a contract with OKTE, a.s. (the organiser of the short-term electricity market in the Slovak Republic),
• on 16 February 2022, signed a Balancing Group Agreement for Electricity on behalf of the competing company HGN Power CZ s.r.o. with TenneT TSO GmbH (Federal Republic of Germany), which led to the conclusion of a contract with that company,

whereby, by the above-described conduct, they created an unlawful advantage for the competing company HGN Power CZ s.r.o. to the detriment of EZE, and the accused was involved in the business of both companies with the same business object, by being, during the relevant period, a member of the governing body of the competing company HGN Power CZ s.r.o. and simultaneously an employee of EZE,

the accused were involved in the business of both companies, which have an identical business object, and with the intent to enrich the competing company HGN Power CZ s.r.o., the accused Ing. Mgr. Igor Schulmeister, on 3 February 2022, as the majority owner of EZE, removed the second managing director of EZE, David Dvorak, and subsequently, on 17 February 2022, resigned from the position of managing director of EZE, thereby paralysing EZE's further business activities, as EZE had no statutory representative from 11 March 2022,

as a consequence of the conduct of the accused and the departure of key employees from the trading department, which had generated the profits of EZE, to the competing company HGN Power CZ s.r.o., EZE was dissolved by liquidation as of 23 June 2025,

by the above-described conduct, they created an unlawful advantage for the competing company HGN Power CZ s.r.o. to the detriment of EZE, and, according to an expert report, the unlawful advantage was quantified at CZK 83,984,812, which is the amount that EZE could have generated had the business continued.

Reasoning

The Regional Police Directorate of the Capital City of Prague, Department of Economic Crime, Criminal Police and Investigation Service, 5th Division, received on 20 October 2023 a criminal complaint from the National Centre Against Organised Crime (NCOZ), concerning suspicion of the commission of the criminal offence of Breach of Duty in the Administration of Another's Property pursuant to Section 220 of the Criminal Code, Abuse of Position in Business Relations pursuant to Section 255a of the Criminal Code, Embezzlement pursuant to Section 206 of the Criminal Code, Legalisation of Proceeds of Crime pursuant to Section 216 of the Criminal Code, Unauthorised Access to a Computer System and Unauthorised Interference with a Computer System or Data Carrier pursuant to Section 230 of the Criminal Code, and Infringement of the Rights of Others pursuant to Section 181 of the Criminal Code.

The investigating police authority, after conducting the necessary investigation pursuant to Section 158(1) of the Code of Criminal Procedure, heard the complainant David Dvorak -- complainant and 30% shareholder and former managing director of EZE -- who stated in respect of the matter that:

The conduct described in the criminal complaint concerns the Prague branch of EZE, which had its registered office at Na Safrance 1803/24, Vinohrady, Prague 10, 101 00. This is a property owned by Igor Schulmeister. It is the same building where the competing company HGN Power CZ s.r.o. also has its registered office.

The Prague branch of EZE constituted a significant part of the company. Located at this branch were the so-called trading employees, part of the company's hardware and software. The IP addresses necessary for electricity trading were hosted on the servers at this location. The Prague branch had redundant internet connectivity, and a backup power supply in the form of an electric generator with automatic start-up.

The business activity of EZE at the end of 2021 was primarily conducted on the EPEX electricity exchange. The products were mainly intraday short-term delivery in 15-minute blocks. Purchases and sales were recorded as individual intraday trades on EPEX. In the reports, for each trade, the following are recorded: sides B/S (Buy/Sell), quantity (totalQuantity), price (Price), and the exact time of the trade (TransactionTimeStamp).

For each delivery, there is a corresponding trade with a short delivery window, typically 15 minutes. Volume, average size, and turnover (from the report of 3 January 2022). Number of trades: 6,632 from 28 January 2022 to 29 January 2022. Total volume: 20,132 MWh, average trade size 3.04 MWh. Total number of contracts per trade. Sum of payments for the entire report: 23,580,500; average of 3,556 contracts per trade. Sum of payments for the entire report: -101,474.94 EUR.

The nature of the intraday products IT/IT1 and the short time between trade execution and delivery indicate rapid trading rather than long-term procurement for storage. Trades were divided into a large number of short deliveries with small time windows, which corresponds to standard intraday electricity trading.

The total trading volume at EZE was 92.69% on the EPEX exchange, 5.46% on OTE, 1.52% on OKTE, 0.05% on NOBLE, and 0.02% on PSE. Trading on these exchanges (ECC, OTE, OKTE, NOBLE, PSE) was governed by the principle of self-billing, meaning that invoices were not issued by the trader but by the exchange.

Qualification requirements of EZE employees: for example, trading electricity on the EPEX exchange required a trader examination (certification) from the EPEX exchange (e.g. EPEX SPOT Trader Certificate). The certificate was issued in the individual's name; at EZE, the holders were Igor Schulmeister, David Dvorak, and Anna Baginska. If another person was trading, they had to use the access of a person holding such a certificate. Training was conducted in the form of e-learning and concluded with an examination; the cost was EUR 600 per person. The training costs were borne by EZE. The certificate is tied to the individual and may be used at another legal entity.

Furthermore, the witness provided a list of employees of the Prague branch of EZE:

Anna Baginska -- employed at EZE until 30 April 2022, worked as a power trader (electricity trader); from 1 May 2022, employed at the competing company HGN Power CZ s.r.o. Anna Baginska, in addition to her trading activities, managed part of the accounting agenda for EZE.

Jan Vala -- employed at EZE until 30 April 2022, worked as Chief Administrative Officer; from 1 May 2022, employed at the competing company HGN Power CZ s.r.o.,

Lukas Pop -- employed at EZE until 30 April 2022, worked as meteorologist, programmer, and trader; from 1 May 2022, employed at the competing company HGN Power CZ s.r.o.,

Jaroslav Rehor -- employed at EZE until 30 April 2022, worked as trader -- electricity trader; from 1 May 2022, employed at the competing company HGN Power CZ s.r.o.,

Stepan Cilecek -- employed at EZE until 30 April 2022, worked as trader -- electricity trader; from 1 May 2022, employed at the competing company HGN Power CZ s.r.o.,

Petr Jonas -- worked for EZE until spring 2022, external trader, worked as a self-employed person; from end of 2022, works for the competing company HGN Power CZ s.r.o.,

Marek Cermak -- worked for EZE until 30 April 2022, worked as Solutions Architect/programmer, mostly worked from his residence in Brno; from 1 May 2022, employed at the competing company HGN Power CZ s.r.o. Marek Cermak was the administrator of EZE's information technology and systems.

Jana POPOVA -- external worker, self-employed, meteorologist; at the time of the events, on maternity leave.

Andrea JONASOVA (sister of Mr. Jonas) -- external worker, self-employed, administrative worker; from 1 April 2022, working at the competing company HGN Power CZ s.r.o.

The employees of the Prague branch of EZE were primarily engaged in electricity trading, which represented, in terms of turnover volume, the fundamental and decisive part of EZE's business activity.

He further stated that all employees of the Prague branch of EZE submitted coordinated resignations from EZE, with the notice period ending on 30 April 2022.

The investigating police authority initiated criminal proceedings on 5 January 2024 pursuant to Section 158(3) of the Code of Criminal Procedure, on suspicion of the criminal offence of Abuse of Position in Business Relations pursuant to Section 255a of the Criminal Code.

In the course of the preliminary investigation pursuant to Chapter IX of the Code of Criminal Procedure, official records of explanations provided were drawn up with Ladislav Kotrba, Petr Jonas, Stepan Cilecek, Anna Baginska, Lukas Pop, Marek Cermak, Jan Vala, Lukas Matena, Tomas Brychta, Jaroslav Rehor, and Igor Schulmeister. An expert witness, Ing. Sona Novakova, Ph.D., from the field of economics, specialisation in accounting records, was appointed to determine the amount of the advantage obtained.

The investigating police authority proceeded in accordance with Section 2(5)(6) of the Code of Criminal Procedure, so as to ascertain the facts of the case beyond reasonable doubt, to the extent necessary to reach a decision in the matter.

Legal entity:

Ekologicke Zdroje Energie s.r.o., Company ID No. 27730298, with its registered office at Palackeho 75/21, 779 00 Olomouc-Nova Ulice

• registered on 10 May 2007, business object: Production, trade, and services not listed in Annexes 1 and 3 of the Trade Licensing Act; from 23 October 2009: electricity trading; from 27 January 2012: execution of construction works, their modifications and removal; dissolved by liquidation as of 23 June 2025,
• managing director Ing. Mgr. Igor Schulmeister from 8 September 2011 to 11 March 2022, shareholder from 27 January 2012, holding 70%, to the present date,
• managing director David Dvorak from 10 May 2007 to 3 February 2022, shareholder from 10 May 2007, holding 100%, from 27 January 2012, holding 30%, to the present date,
• on 3 February 2022, a Notarial Record, file ref. NZ 39/2022, was drawn up, whereby, as the majority owner of EZE, Igor Schulmeister removed David Dvorak from the position of second managing director of EZE,
• on 17 February 2022, the resignation from the position of managing director of EZE was announced, effective upon delivery from 11 March 2022, thereby paralysing EZE's business activities, as EZE had no statutory representative from that date,
• on 23 June 2025, EZE was dissolved and a liquidator was appointed.

HGN Power CZ s.r.o., Company ID No. 11976063, with its registered office at Na Safrance 1803/24, 101 00 Prague 10-Vinohrady

• registered on 27 October 2021, business object: Production, trade, and services not listed in Annexes 1 and 3 of the Trade Licensing Act; from 27 October 2021: letting of real estate, flats, and non-residential premises; from 27 October 2021: electricity trading,
• managing director Mgr. Jaroslav Rehor from 27 October 2021 to 17 March 2022, shareholder from 27 October 2021 to 17 March 2022, holding 100%,
• managing director Ing. Mgr. Igor Schulmeister from 17 March 2022, shareholder from 17 March 2022, holding 100%,

The investigation established that the competing company HGN Power CZ s.r.o. was founded on 4 October 2021; on 14 October 2021, an application was filed for the granting of licence category 14, file ref. LIC-10819/2021-ERU, for HGN Power CZ s.r.o.; and on 20 October 2021, the Energy Regulatory Office issued a Decision on the Granting of Licence No. 142413/731 to HGN Power CZ s.r.o. -- electricity trading. Thus, from the very establishment of the competing company HGN Power CZ s.r.o., steps were being taken to commence competing business activity in electricity trading.

Employees and collaborators of EZE -- Petr JONAS (collaborating as a self-employed person), Stepan CILECEK (employment terminated 30 April 2022), Anna BAGINSKA (employment terminated 30 April 2022), Lukas POP (employment terminated 30 April 2022), Marek CERMAK (employment terminated 30 April 2022), Jan VALA (employment terminated 30 April 2022) -- thus terminated their employment in the same month, and the accused Igor Schulmeister terminated his employment on 31 March 2022 and Jaroslav Rehor's employment was terminated on 30 April 2022.

The investigation established that the departure of these key employees from EZE and their transfer to the competing company HGN Power CZ s.r.o. was not coincidental, but was intentionally organised by the managing directors and in preparation for the business activities of the accused, thereby causing harm to EZE. The departure of key employees constituted the essential know-how of EZE. At the same time, by removing the managing director Mr. Dvorak and resigning from the position of managing director, they paralysed EZE, which was left without a statutory representative.

The investigating police authority exercised its powers pursuant to Section 158b(3) of the Code of Criminal Procedure and on 29 January 2024 submitted a Motion for the Issuance of a Proposal for a Court Order authorising the securing of the contents of other documents and records to the public prosecutor of the Municipal Public Prosecutor's Office in Prague. On 14 February 2024, the Judge of the District Court for Prague 10, on the motion of the public prosecutor of the Municipal Public Prosecutor's Office in Prague, issued an order under file ref. NI2710/2024 for the surveillance of persons and things to secure the complete contents of the below-listed e-mail accounts, including all attachments and metadata, of both incoming and outgoing mail:

domain: EZETRADING.CZ

• schulmeister@ezetrading.cz,
• baginska@ezetrading.cz,
• cilecek@ezetrading.cz,
• pop@ezetrading.cz,
• jonas@ezetrading.cz,
• cermak@ezetrading.cz,
• rehor@ezetrading.cz,
• vala@ezetrading.cz,
• brychta@ezetrading.cz,

• matena@ezetrading.cz,

domain: HGNPOWER.CZ

• schulmeister@hgnpower.cz,
• baginska@hgnpower.cz,
• cilecek@hgnpower.cz,
• pop@hgnpower.cz,
• jonas@hgnpower.cz,
• jonasova@hgnpower.cz,
• cermak@hgnpower.cz,
• rehor@hgnpower.cz,
• vala@hgnpower.cz.

The investigating police authority executed this court order and, in cooperation with the specialised unit UZC (Special Activities Unit), secured the contents of the above-listed e-mail accounts. The investigating police authority evaluated the entire secured contents of the above-listed e-mail accounts. The evaluation was conducted in relation to the conduct described in the operative part of this Resolution. The entire contents of the e-mail accounts were filtered for the relevant period up to 30 April 2022, which coincided with the conduct of the accused. Furthermore, filtering was applied by subject matter, specifically e-mails relating to the competing company HGN Power CZ s.r.o.

The evaluation established that the accused Igor Schulmeister and Jaroslav Rehor acted during the period of their employment in favour of the competing company HGN Power CZ s.r.o. and, through this conduct, jointly created the conditions for the business activities of that company.

Both accused acted jointly with the same intent of commencing competing business activities and, through their joint conduct, actively prepared the competing company HGN Power CZ s.r.o. for the conduct of business activity in electricity trading, specifically:

Ing. Mgr. Igor SCHULMEISTER

• on 1 November 2021, entered into a Lease Agreement for Business Premises with the competing company HGN Power CZ s.r.o.,
• on 3 February 2022, caused a Notarial Record, file ref. NZ 38/2022, to be drawn up, whereby, as the majority owner of EZE, he removed David Dvorak from the position of second managing director of EZE,
• on 17 February 2022, announced his resignation from the position of managing director of EZE, effective from the general meeting from 11 March 2022, thereby paralysing EZE's further business activities, as EZE had no statutory representative from that date,
• on 24 February 2022, as the sole statutory representative of EZE, accepted the resignations of key EZE employees Lukas Pop, Jaroslav Rehor, and Jan Vala, who, after the termination of their employment at EZE, seamlessly transferred to the competing company HGN Power CZ s.r.o.,
• on 28 February 2022, as the sole statutory representative of EZE, accepted the resignations of key EZE employees Stepan Cilecek, Anna Baginska, and Marek Cermak, who, after the termination of their employment at EZE, seamlessly transferred to the competing company HGN Power CZ s.r.o.,
• on 21 March 2022, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into a Banking and Related Services Agreement with Raiffeisenbank a.s., Company ID No. 49240901, and opened account No. 6837466002/5500 (CZK),
• on 21 March 2022, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into a Banking and Related Services Agreement with Raiffeisenbank a.s., Company ID No. 49240901, and opened account No. 6837343002/5500 (EUR),
• on 21 March 2022, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into a Banking and Related Services Agreement with Raiffeisenbank a.s., Company ID No. 49240901, and opened account No. 6837167002/5500 (EUR),

Mgr. Jaroslav REHOR,

• on 4 October 2021, established the competing company HGN Power CZ s.r.o. by drawing up a Notarial Record on the Establishment of HGN Power CZ s.r.o., file ref. NZ 1451/2021, N 1812/2021,

• on 5 October 2021, as the sole managing director of the competing company HGN Power CZ s.r.o., filed a notification for representation in administrative proceedings before the Energy Regulatory Office on behalf of the competing company HGN Power CZ s.r.o., and secured the licence for HGN Power CZ s.r.o. through legal advisory services provided by Mgr. Rehor,
• on 13 October 2021, on behalf of the competing company HGN Power CZ s.r.o., filed with the Energy Regulatory Office an Application for the Granting of a Licence for Electricity and Gas Trading and paid the administrative fee in the amount of CZK 1,000.00,
• on 31 January 2022, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into an Electronic Communication Agreement via the Data Network with OTE, a.s.,
• on 9 May 2022, as the sole managing director of the competing company HGN Power CZ s.r.o., entered into a Banking Services Agreement with Komercni banka a.s., account No. 045449600091167/0100,
• initiated the process for obtaining access to the OTE system on behalf of the competing company HGN Power CZ s.r.o. through the EDX service, by means of an electronically signed application form for access to OTE, authorised through the electronic signature of the managing director of HGN Power CZ s.r.o.,

whereby both accused were active in the business of the competing company HGN Power CZ s.r.o. and, in co-perpetration pursuant to Section 23 of the Criminal Code, with the intent to transfer the business to HGN Power CZ s.r.o. and took further steps to the detriment of EZE, whereby:

1) Ing. Mgr. Igor Schulmeister,

as the managing director of EZE from 8 September 2011 to 11 March 2022, and shareholder of EZE, and simultaneously a shareholder and managing director of the competing company HGN Power CZ s.r.o., as an employee of EZE, by the conduct described below, breached the duties of an employee during his employment at EZE in violation of the Labour Code, specifically:

• on 18 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with Nord Pool AS in Norway, by sending a request on behalf of HGN Power CZ s.r.o.,
• on 17 March 2022, caused an Extended Entry to be inscribed in the Commercial Register, file ref. NZ 407/2022, N 568/2022, whereby he became the new managing director of HGN Power CZ s.r.o.,
• as the new managing director of HGN Power CZ s.r.o., initiated contact with CEPS, a.s., Company ID No. 25702556, the operator of the transmission system of the Czech Republic, for the purpose of concluding contracts,
• on 25 March 2022, entered into a Framework Agreement on Electricity Supplies and Transmission System Access in the Czech Republic on behalf of the competing company HGN Power CZ s.r.o.,
• on 29 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with EPEX Spot, Germany (a company that operates the electricity exchange), which led to the conclusion of a contract with that company,
• on 31 March 2022, entered into a Commercial Agreement on behalf of the competing company HGN Power CZ s.r.o. with GS1 Czech Republic (a company that assigns GLN identifiers for access to the exchange),
• on 31 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with APCS Power Clearing and Settlement AG, Austria (a company that manages electricity trading in Austria),
• on 21 April 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o.,

• requesting information from HGN Power CZ s.r.o., with a request for the conclusion of a contract with Amprion GmbH, Federal Republic of Germany (an operator of the transmission system in the Federal Republic of Germany),
• on 22 April 2022, entered into a Membership Agreement on behalf of the competing company HGN Power CZ s.r.o. with Nord Pool AS, Norway (a company engaged in exchange trading across Nordic and Baltic states),
• on 25 April 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. with APCS Power Clearing and Settlement AG, Austria (a company that manages electricity trading in Austria),
• on 10 May 2022, entered into a Balancing Group Agreement for Electricity on behalf of the competing company HGN Power CZ s.r.o. with 50Hertz Transmission GmbH (an operator of the transmission system in the Federal Republic of Germany),
• on 23 May 2022, entered into a Balancing Group Agreement for Electricity on behalf of the competing company HGN Power CZ s.r.o. with Amprion GmbH (an operator of the transmission system in the Federal Republic of Germany),
• on 2 June 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. on the Use of Products of the European Centre for Medium-Range Weather Forecasts with the Czech Hydrometeorological Institute, Company ID No. 00020699,
• on 24 June 2022, entered into an Agreement on behalf of the competing company HGN Power CZ s.r.o. on the Assignment of a Framework Agreement on the Provision of Services in the Field of Electronic Communications and Information and Communication Technologies, ref. no. 2021-I-S15560, dated 15 September 2021, with Ceske Radiokomunikace a.s., Company ID No. 24738875, whereby the contractual obligation was assigned from EZE to the competing company HGN Power CZ s.r.o.,
• on 1 December 2022, entered into a Framework Agreement on behalf of the competing company HGN Power CZ s.r.o. on the Transmission of Electricity via Interconnectors with Slovenska elektrizacna prenosova sustava, a.s. (the operator of the transmission system in the Slovak Republic),
• on 19 December 2022, entered into a contract on behalf of the competing company HGN Power CZ s.r.o. with ELIA Transmission Belgium SA (the operator of the transmission network in Belgium),
• on 13 December 2023, entered into a Framework Agreement on behalf of the competing company HGN Power CZ s.r.o. on the Purchase and Sale of Electric Energy with free power s.r.o., Company ID No. 02011484 (a company engaged in electricity and gas trading),

whereby he was involved in the business of both companies with the same business object, as a member of the governing body and subsequently as a shareholder in both companies, and by the above-described conduct created an unlawful advantage for the competing company HGN Power CZ s.r.o. to the detriment of EZE,

2) Mgr. Jaroslav Rehor,

as an employee of EZE from 1 April 2014 to 30 April 2022, and simultaneously the managing director and 100% shareholder of the competing company HGN Power CZ s.r.o. from 27 October 2021 to 17 March 2022, by the below-described conduct, unlawfully acted to the detriment of EZE, with the intent to procure an unlawful advantage for the competing company HGN Power CZ s.r.o.:

• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to helpdesk.trade@ceps.cz with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with CEPS, a.s., Company ID No. 25702556 (the operator of the transmission system of the Czech Republic),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to market@okte.sk with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with OKTE, a.s., Company ID No. 45687862 (the organiser of the short-term electricity market in the Slovak Republic),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to alena.belanova@sepsas.sk with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with Slovenska elektrizacna prenosova sustava, a.s. (the operator of the transmission system in the Slovak Republic),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to OTE, a.s., Company ID No. 26463318, with a request for information regarding the possible conclusion of a contract (the national administrator of electricity trading in the Czech Republic),
• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to bilanzkreise@tennet.eu with a request for information regarding the possible conclusion of a contract,

which led to the conclusion of a contract with TenneT TSO GmbH (the operator of the transmission system in the Federal Republic of Germany),

• on 1 November 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail to amprion@amprion.net with a request for information regarding the possible conclusion of a contract, which led to the conclusion of a contract with a company in the Federal Republic of Germany (the operator of the transmission system in the Federal Republic of Germany),
• on 5 December 2021, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz an e-mail regarding transmission arrangements,
• on 9 February 2022, entered into an Electronic Communication Agreement on behalf of the competing company HGN Power CZ s.r.o.,
• on 1 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from the e-mail address rehor@hgnpower.cz a request regarding HGN Power CZ s.r.o., which led to the conclusion of a contract with CEPS, a.s.,
• on 1 March 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with Slovenska elektrizacna prenosova sustava, a.s., Company ID No. 35829141 (the operator of the transmission system in the Slovak Republic),
• on 13 February 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. (the operator of the transmission system in the Slovak Republic),
• on 11 February 2022, initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. by sending from his e-mail address rehor@hgnpower.cz a request for the conclusion of a contract on behalf of HGN Power CZ s.r.o., which led to the conclusion of a contract with OKTE, a.s., Company ID No. 45687862,
• entered into a Balancing Group Agreement for Electricity on behalf of the competing company HGN Power CZ s.r.o. with TenneT TSO GmbH,

whereby, by the above-described conduct, he created an unlawful advantage for the competing company HGN Power CZ s.r.o. to the detriment of EZE, and was involved in the business of both companies with the same business object,

the accused, with the intent to enrich the competing company HGN Power CZ s.r.o., engaged in the above conduct during the period of their employment at EZE. Mgr. Jaroslav Rehor, as an employee of EZE, on 1 February 2022 signed the above-described agreements under the auspices of the competing company HGN Power CZ s.r.o., while having worked at EZE since 1 April 2014 in the position of lawyer and commercial representative of EZE. In February 2022, he departed from the position at EZE, thereby paralysing EZE's further business operations, and subsequently, from 1 May 2022, transitioned to the competing company HGN Power CZ s.r.o.

as a member of the governing body of the competing company HGN Power CZ s.r.o. and simultaneously an employee of EZE,

the accused, with the intent to enrich themselves, by the above-described conduct, created an unlawful advantage for the competing company HGN Power CZ s.r.o., whereby this conduct was to the detriment of EZE, and the unlawful advantage was quantified by an expert report in the amount of CZK 83,984,812, which is the amount that EZE could have generated had its business continued; as a consequence of the conduct of the accused and the departure of key employees to the competing company HGN Power CZ s.r.o., EZE was dissolved by liquidation as of 23 June 2025.

The accused Igor Schulmeister and Jaroslav Rehor exercised their right pursuant to Section 100 of the Code of Criminal Procedure and refused to testify in the matter in view of their status as suspects.

Tomas Brychta -- General Director of EZE

He stated regarding the matter that he joined the company on 28 August 2022 and was responsible for the day-to-day operations of the company together with the trading team. He currently works for the company on a part-time basis; EZE is in liquidation.

Regarding HGN Power CZ s.r.o., he stated that he became aware of it through the civil dispute being conducted between the former managing directors Mr. Dvorak and Mr. Schulmeister.

In response to the question of the investigating police authority regarding the fact that, as of 30 April 2022, a total of 8 employees of EZE had their employment terminated and subsequently transferred to the competing company HGN Power CZ s.r.o., he stated that he joined EZE on 21 February 2022, and that these resignations were submitted at the end of February 2022, with employment at EZE terminating on 1 May 2022. Regarding the reasons for the mass termination of employment by these employees, he stated that Mr. Dvorak had been exerting pressure on them regarding bonuses, threatening to demand their return, threatening them with criminal complaints, and reportedly sending them registered letters with red stripes. Mr. Dvorak had also allegedly shut down their servers and blocked their company e-mail accounts; these are the main reasons for the mass resignations and departures from EZE. He tried to retain these employees but was unsuccessful. He did not investigate where these employees went after leaving EZE.

Lukas Matena -- employee of EZE (21 February 2022 to 31 July 2025)

He stated regarding the matter that he was employed at the company from approximately spring 2022, but had been aware of events at the company since 2021, when Mr. Dvorak allegedly misappropriated a large amount of money. At the beginning of 2022, Mr. Schulmeister approached him about whether he wanted to work for the company; at that time, Mr. Dvorak had been removed as managing director. Mr. Dvorak was trying to paralyse and essentially take over EZE. His responsibilities were to include primarily the management of construction machinery, but this never materialised; he served as an assistant to Mr. Brychta, managing property in practice. He left the company by agreement with the liquidator as of 31 July 2025.

Regarding HGN Power CZ s.r.o., he stated that he knows it only marginally, has nothing in common with them, and does not even know what the company does.

In response to the question of the investigating police authority regarding the fact that, as of 31 March 2022, a total of 8 employees of EZE had their employment terminated and subsequently transferred to the competing company HGN Power CZ s.r.o., he stated that he knows that some employees left EZE, mainly because Mr. Dvorak had been threatening them, but these were the team based in Prague. He was responsible for EZE's activities in Hradec Kralove and did not meet with the EZE employees who worked in Prague.

Jan Vala -- former employee of EZE (1 June 2021 to 30 April 2022) and current employee of HGN Power CZ s.r.o. (from 1 May 2022)

He stated regarding the matter that at EZE he was employed as a lawyer and handled administrative matters. He resigned from EZE because he did not want to work with Mr. Dvorak.

Regarding HGN Power CZ s.r.o., he stated that he no longer remembers how or from whom he learned about the company. On the instruction of Mr. Schulmeister, he established HGN Power CZ s.r.o. and carried out his instructions in connection with its establishment. He did not act on behalf of the company; he merely performed activities as instructed by Mr. Schulmeister.

The witness was presented with secured e-mail correspondence from his e-mail address vala@ezetrading.cz:

The witness was presented with an attachment from an e-mail dated 8 September 2021, sent from the e-mail address michal.stankay.net -- Call for the Taking of Necessary Steps to Ensure the Operation of the Company, addressed to Mr. Dvorak. Regarding this e-mail, he stated that he no longer fully remembers it; he believes it was created on the instruction of Mr. Schulmeister, but no longer remembers the context.

The witness was presented with an e-mail dated 14 September 2021, sent from vala@ezetrading.cz -- Establishment of HGN Power s.r.o. Regarding this e-mail, he stated that based on its contents, he was dealing with the establishment of HGN Power CZ s.r.o.; he no longer remembered on whose instruction he was doing this.

The witness was presented with an e-mail dated 14 September 2021, sent from vala@ezetrading.cz -- Establishment of HGN Power s.r.o. Regarding this e-mail, he stated that it contains further details regarding the establishment of HGN Power CZ s.r.o.

The witness was presented with an e-mail dated 30 September 2021, sent from vala@ezetrading.cz -- Documents HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents concerned the granting of a licence at the Energy Regulatory Office for HGN Power CZ s.r.o.

The witness was presented with an attachment to an e-mail dated 4 October 2021 -- Loan Agreement. Regarding this e-mail, he stated that it appears to be a draft loan agreement between Mr. Schulmeister and Mr. Rehor; he does not remember anything further.

The witness was presented with an e-mail dated 4 October 2021 -- Documents HGN Power s.r.o. Regarding this e-mail, he stated that its contents are the notarial record for HGN Power CZ s.r.o.

The witness was presented with an e-mail dated 3 November 2021, sent from accounting@moneus.cz -- VAT Registration. Regarding this e-mail, he stated that its contents are a summary of the activities of HGN Power CZ s.r.o. vis-a-vis Moneus, which is its accounting firm.

The witness was presented with an e-mail dated 10 November 2021, sent from rehor@hgnpower.cz -- Establishment of HGN Power s.r.o. Regarding this e-mail, he stated that its contents are an invoice from the notary for the establishment of HGN Power CZ s.r.o.

The witness was presented with an e-mail dated 9 February 2022, sent from vala@ezetrading.cz to schulmeister@ezetrading.cz -- Documents regarding SEPS and DAMAS approach. Regarding this e-mail, he stated that SEPS is the Slovak Electricity Transmission System and regarding DAMAS, he made no further comment. The approach was made on the instruction of Mr. Schulmeister, and he no longer knew who had approached these companies.

The witness was presented with an e-mail dated 9 February 2022, sent from vala@ezetrading.cz to schulmeister@ezetrading.cz -- Documents -- approach to OKTE. Regarding this e-mail, he stated that the contents of the e-mail are documentation for the approach to OKTE -- the electricity market operator in Slovakia.

The witness was presented with an e-mail dated 9 February 2022, sent from vala@ezetrading.cz to schulmeister@ezetrading.cz -- Documents for OTE. Regarding this e-mail, he stated that the contents of the e-mail are documentation for OTE -- the Czech exchange.

The witness was presented with an e-mail dated 9 February 2022, sent from vala@ezetrading.cz to schulmeister@ezetrading.cz -- CEPS documentation. Regarding this e-mail, he stated that the contents of the e-mail are CEPS documentation -- the Czech Electricity Transmission System.

The witness was presented with an e-mail dated 9 February 2022, sent from vala@ezetrading.cz to schulmeister@ezetrading.cz -- Documents for 50Hz. Regarding this e-mail, he stated that the contents of the e-mail are part of the correspondence for 50Hz -- one of the operators of the transmission system in Germany.

The witness was presented with an e-mail dated 21 March 2022, sent from cilecek@ezetrading.cz -- Documents HGN Power CZ s.r.o. Raiffeisenbank.

Regarding this e-mail, he stated that its contents are Raiffeisenbank documentation relating to HGN Power CZ s.r.o.

The witness was presented with an e-mail dated 3 April 2022, sent from office@moneus.cz -- Accounting documents HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are an invoice for accounting services provided to HGN Power CZ s.r.o.

The witness was presented with a printout of the e-mail account vala@hgnpower.cz.

The witness was presented with an attachment from an e-mail dated 2 November 2021, sent from vala@hgnpower.cz -- ERU LICENCE. Regarding this e-mail, he stated that he does not know why this was sent to him; he was cooperating on the instruction of Mr. Schulmeister in connection with the establishment of HGN Power CZ s.r.o. and this is one of the documents relating to that.

The witness was presented with an attachment from an e-mail dated 21 January 2022, sent from vala@hgnpower.cz -- approach and draft contract to the Slovak Republic. Regarding this e-mail, he stated that it appears to be an original e-mail from Ms. Belanova concerning the approach on behalf of HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 21 January 2022, sent from vala@hgnpower.cz -- request for DAMAS registration. Regarding this e-mail, he stated that its contents are a draft approach for DAMAS.

The witness was presented with an attachment from an e-mail dated 3 February 2022, sent from vala@hgnpower.cz -- Customs Office application for HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are an application for a permit from the Customs Office.

The witness was presented with an attachment from an e-mail dated 15 February 2022, sent from rehor@hgnpower.cz -- KB documents for HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are a bank statement from KB [Komercni banka] for the account of HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 23 March 2022, sent from vala@hgnpower.cz -- Raiffeisenbank a.s. documents for HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are a protocol on the configuration of access rights to services at Raiffeisenbank for HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 28 March 2022, sent from vala@hgnpower.cz -- ERU information for HGN Power CZ s.r.o. Regarding this e-mail, he stated it concerned notification of a change of registered office of HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 1 April 2022, sent from igor.schulmeister@gmail.com -- GS1 HGN Power CZ s.r.o. Regarding this e-mail, he stated that GS1 is a company that assigns identification data, in this case for HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 4 April 2022, sent from igor.schulmeister@gmail.com -- ECC HGN Power CZ s.r.o. Regarding this e-mail, he stated that it was an application for access to ECC -- an exchange in Germany.

The witness was presented with an attachment from an e-mail dated 4 April 2022, sent from vala@hgnpower.cz -- approach to APCS for HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are a draft approach to APCS -- the Austrian exchange.

The witness was presented with an attachment from an e-mail dated 4 April 2022, sent from vala@hgnpower.cz -- APCS HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are an application for registration at APCS for HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 7 April 2022, sent from igor.schulmeister@gmail.com -- LEI Register. Regarding this e-mail, he stated that its contents are a confirmation of payment for the LEI (Legal Entity Identifier) from HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 7 April 2022, sent from igor.schulmeister@gmail.com -- EEX Group for HGN Power CZ s.r.o. Regarding this e-mail, he stated that its contents are an application for registration in the EEX Group system on behalf of HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 7 April 2022, sent from vala@hgnpower.cz -- EEX Group. Regarding this e-mail, he stated that its contents are an application for registration in the EEX Group system on behalf of HGN Power CZ s.r.o.

The witness was presented with an attachment from an e-mail dated 14 April 2022, sent from vala@hgnpower.cz -- letter in English -- HGN Power CZ s.r.o. Regarding this e-mail, he stated that it was further documentation for ECC on behalf of HGN Power CZ s.r.o.

The witness was presented with attachments from e-mails dated 21 April 2022 (NORD POOL), 26 April 2022 (NORD POOL), 27 April 2022 (NORD POOL), and 29 April 2022 (NORD POOL) for HGN Power CZ s.r.o. Regarding these e-mails, he stated that their contents are documentation for NORD POOL registration -- an exchange in Norway.

In the course of examining the contents of the e-mail accounts rehor@ezetrading.cz and rehor@hgnpower.cz, e-mails were discovered that had been sent by Mr. Vala.

The investigating police authority presented the witness with e-mails dated 1 November 2021, which he sent to the e-mail address rehor@ezetrading.cz -- approach on behalf of HGN Power CZ s.r.o. to CEPS, OKTE, and SEPS. Regarding these e-mails, he stated that he sent these approaches on the instruction of Mr. Schulmeister to Mr. Rehor; he personally did not approach anyone.

In the supplementary statement dated 28 November 2025, he further stated:

The witness was presented with an e-mail dated 1 November 2021, approach to SEPS, which he sent to rehor@hgnpower.cz. Regarding this e-mail, he stated that he received this task from the company management to prepare an approach to SEPS, which is the Slovak Electricity Transmission Company. The approach was on behalf of HGN Power CZ s.r.o. He prepared this for Mr. Rehor.

The witness was presented with an e-mail dated 1 November 2021, approach to OKTE, which he sent to rehor@hgnpower.cz. Regarding this e-mail, he stated that Mr. Rehor was the one who instructed him to write this approach. OKTE is the Slovak electricity market operator. The approach was on behalf of HGN Power CZ s.r.o.

The witness was presented with an e-mail dated 1 November 2021, approach to CEPS, which he sent to rehor@hgnpower.cz. Regarding this e-mail, he stated that the subject of this e-mail is a request for more detailed information needed for the conclusion of a contract with CEPS, which is the Czech Electricity Transmission System. The approach was on behalf of HGN Power CZ s.r.o. He prepared this, again, for Mr. Rehor.

The witness was presented with documents from the Energy Regulatory Office regarding HGN Power CZ s.r.o. Regarding these documents, he stated that he considered this a standard part of his work duties at EZE. Communication with the Energy Regulatory Office was carried out both for EZE and for other companies, e.g. EZEXTRA and PPJJ. Whether it was for Schulmeister, it was within the scope of his work duties at EZE. Regarding the power of attorney granted to him by Mr. Rehor on behalf of HGN Power CZ s.r.o., he stated that it concerned the processing and granting of a licence for HGN Power CZ s.r.o.

Regarding the Application for the Granting of a Licence, he stated that he received the task from either Mr. Schulmeister or Mr. Rehor to take all legal steps necessary for the granting of a licence for HGN Power CZ s.r.o., and this is one of the documents prepared in the course of those proceedings.

He further stated that he did not see anything objectionable in this, as he had communicated with the Energy Regulatory Office and other authorities on behalf of other companies within the scope of his employment at EZE.

The witness was presented with an e-mail dated 14 December 2021 -- Loan Agreement between Mr. Schulmeister and Mr. Rehor.

Regarding this e-mail, he stated that he no longer precisely remembers whether he created this document. It is a loan agreement, the purpose of which was the payment of the registered capital of Mr. Rehor. The document was used for the payment of the registered capital of HGN Power CZ s.r.o. He always acted on the instruction of Mr. Schulmeister or Mr. Rehor.

The witness was presented with an e-mail dated 21 March 2022 -- electronic signatures, which was sent to schulmeister@hgnpower.cz. Regarding this e-mail, he stated that he always received instructions from Mr. Schulmeister regarding the administration of electronic signatures.

In response to the question regarding the e-mail account vala@hgnpower.cz -- who provided him with the login credentials, who set it up, and for what purpose he used it -- he stated that he uses this e-mail to this day. He no longer remembers who provided him with the login credentials. He could not recall who set up the e-mail. He used it, as is apparent from the presented documents, presumably for sending messages.

In conclusion, he stated that he did not perceive HGN Power CZ s.r.o. as a competing company, for the reason that in the course of his work at EZE he had previously also performed tasks for the benefit of other companies, which he listed above.

Marek Cermak -- software architect, former employee of EZE (1 November 2016 to 30 April 2022), from 1 May 2022 employee of the competing company HGN Power CZ s.r.o.

He stated regarding the matter that at EZE he was a software architect; he created global solutions, negotiated with suppliers, and assigned work to suppliers. He selected suppliers as well as hardware. He worked at EZE from 2015 to 2022.

Regarding the termination of his employment, he stated that he resigned due to poor working conditions and obstacles created by Mr. Dvorak, who was one of the managing directors. For example, Mr. Dvorak replaced the company servers and revoked his administrator access so that he could not restore the servers. He cancelled their e-mail addresses and ultimately stole his telephone number. He also sent them threatening letters.

Regarding HGN Power CZ s.r.o., he stated that he knows it and was its employee. He no longer remembers when or from whom he learned about the company. He was employed there after the termination of his employment at EZE. He most likely received the job offer from Mr. Schulmeister.

The witness was presented with the contents of the e-mail account cermak@hgnpower.cz. An e-mail dated 5 January 2022, which was sent to rehor@hgnpower.cz: "Jardo, KDBX password database for HGN Power CZ, KDBX is a standard encrypted password database storage format..." In response to the question of the investigating police authority asking him to state who gave him instructions and directives and who performed activities for HGN Power CZ s.r.o., he stated that it is an e-mail he used. From the correspondence, it is apparent that he sent this database, but he does not know who sent it to him. He made no further comment on this.

The witness was presented with the contents of the e-mail account cermak@ezetrading.cz.

An e-mail he sent on 4 November 2021: "Hi Honza, I would need to set up an e-mail address in the HGN domain for ordering IT services, could you please set it up?" Regarding this e-mail, he stated that he does not recall this.

The witness was presented with an attachment to an e-mail dated 6 March 2022 from dvorak@eze.cz -- Prohibition of Competitive Conduct. Regarding this e-mail, he stated that this was sent to him in various forms, both by registered letter with a red stripe and via the data mailbox. He did not state the reason why Mr. Dvorak sent this. In response to the question of the investigating police authority whether this prohibition of competitive conduct was related to his involvement with HGN Power CZ s.r.o., he stated that he has no idea what this communication was related to.

Lukas Pop -- meteorologist, former employee of EZE (16 November 2016 to 30 April 2022)

He stated regarding the matter that he had worked at EZE since 2016 as a meteorologist. He also performed trading analyses and other tasks as needed. His primary responsibility was to educate colleagues in the field of meteorology and discuss current meteorological situations with them.

Regarding the termination of his employment at EZE, he stated that it was no longer possible to work there. Some electronic systems stopped functioning; someone hacked into his work e-mail and deleted his work correspondence; his work mobile phone, which he also used for private purposes, stopped working; someone hacked into his Telegram account. Thanks to teamwork, EZE had started to do well, but Mr. Dvorak began writing that he was unnecessary, that he was causing harm, and that all bonuses, once he became managing director again, would have to be returned.

Regarding HGN Power CZ s.r.o., he stated that he currently works at this company from 1 January 2023. This company was supposed to be a division for hydrogen trading. Mr. Schulmeister saw a future in this.

In response to the question of the investigating police authority regarding an e-mail dated 10 September 2021 from cermak@ezetrading.cz -- "I started a new GitLab" and "I also started MatterMost", he stated that GitLab is a cloud service that enables communication, authentication, and storage; MatterMost is part of it. GitLab also has a chat function. Based on what is written there, this is the GitLab of EZE. It was, he believes, during a period when they had problems with part of the software ceasing to function, so a new GitLab and a new MatterMost were created, which was also intended to be more secure.

The witness was presented with an e-mail dated 16 February 2022, sent to igor.schulmeister@gmail.com -- statement regarding bonuses. Regarding this e-mail, he stated that he had been promised bonuses based on the company's profits, and these had not been paid, so he was pressing for payment of the bonuses, including through this form.

The witness was presented with an attachment to an e-mail dated 6 March 2022 from dvorak@eze.cz -- Prohibition of Competitive Conduct. Regarding this e-mail, he stated that this is rather a question for Mr. Dvorak and is related to the disputes that Mr. Dvorak had at that time and continues to have with Mr. Schulmeister. He did not engage in any competitive conduct; he worked for HGN Power CZ only after the termination of his employment at EZE.

In response to the question of the investigating police authority regarding the reason he was asked to shut down the robots, he stated that this was a routine matter. These robots are scripts that assist in trading; they are monitored 24/7 by an employee. At that time, there was probably a shutdown and it was necessary to remove them manually, and someone could not do it, so he substituted.

In response to the question of the investigating police authority regarding the reason he, together with other colleagues, collectively resigned from Ekologicke Zdroje Energie s.r.o. and promptly entered into employment contracts with the competing company HGN Power CZ s.r.o., he stated that it was not a collective resignation; it was a reaction to the poor situation at EZE, which culminated in the termination of employment. He did not coordinate with colleagues regarding the submission of resignations. He received the job offer for HGN Power CZ s.r.o. from Mr. Schulmeister, but he no longer recalls when.

Anna Baginska -- trader, former employee of EZE (22 May 2012 to 30 April 2022), from 1 May 2022 employed at the competing company HGN Power CZ s.r.o.

She stated regarding the matter that she had worked at EZE since 2012 in the position of electricity trader.

Regarding the termination of her employment at EZE, she stated that she was dissatisfied with the company's operations and the atmosphere, which was unfavourable for work.

Regarding HGN Power CZ s.r.o., she stated that after the termination of her employment she received a job offer for HGN Power CZ s.r.o.; she no longer recalls from whom she received the offer; she believes it was Mr. Schulmeister.

The witness was presented with an attachment from an e-mail from rehor@hgnpower.cz dated 5 April 2022 -- graphic design of HGN Power. Regarding this e-mail, she stated that he wanted to know her opinion on this graphic representation of the logo.

In response to the question of the investigating police authority regarding the reason she, together with other colleagues, collectively resigned from Ekologicke Zdroje Energie s.r.o. and promptly entered into employment contracts with the competing company HGN Power CZ s.r.o., she stated that she resigned for the reasons already stated above and thereafter received an offer to work at HGN Power CZ s.r.o.

In response to the question of the investigating police authority regarding the complainant's assertion "that while she and her colleagues were in an employment relationship with Ekologicke Zdroje Energie s.r.o., they were collectively creating conditions for the nascent business of HGN Power CZ s.r.o.", she stated that HGN Power CZ s.r.o. was established for a different purpose, and according to the information she had at the time, it was for hydrogen trading.

Stepan Cilecek -- trader, former employee of EZE (16 November 2016 to 30 April 2022), from 1 May 2022 employed at the competing company HGN Power CZ s.r.o.

He stated regarding the matter that he had worked at EZE from 2016 to 2022 in the position of trader, electricity trader.

Regarding the termination of his employment at EZE, he stated that he resigned primarily due to Mr. Dvorak's attitude and the non-payment of promised bonuses; a secondary reason was that Mr. Dvorak blocked the purchase and sale of electricity on the exchange and also hacked into company e-mails and deleted certain e-mails. This occurred during the time when Mr. Dvorak was a managing director of EZE.

Regarding HGN Power CZ s.r.o., he stated that he knows this company and that it was established for the sale of hydrogen.

The witness was presented with an attachment to an e-mail dated 2 February 2021 from igor.schulmeister@gmail.com -- preparation for the general meeting. Regarding this e-mail, he stated that the reason was that Mr. Schulmeister was not connected to the network printer, so he sent it to his e-mail for printing; he personally does not even know what is in it.

The witness was presented with an attachment to an e-mail dated 10 February 2022 from dvorak@ezetrading.cz -- Warning. Regarding this e-mail, he stated that this was one of the reasons he resigned from EZE. In this warning, Mr. Dvorak challenged the payment of bonuses and the above-mentioned invoices. When negotiating his employment contract for EZE, a reduced basic salary of CZK 20,000 (gross) was agreed upon as a motivation for bonuses. These bonuses were based on results, i.e. profits. In this case, EZE earned a profit and therefore a right to the contractually agreed bonus arose, and Mr. Dvorak did not want to pay it.

The witness was presented with an attachment to an e-mail dated 18 March 2022 from cilecek@ezetrading.cz -- extract from the Commercial Register for HGN Power CZ s.r.o. Regarding this e-mail, he stated that he is seeing this for the first time.

The witness was presented with an attachment to an e-mail dated 1 March 2022 from cilecek@ezetrading.cz -- documents from Raiffeisenbank relating to HGN Power CZ s.r.o. Regarding this e-mail, he stated that he is seeing this for the first time. He further stated that his work PC was a shared work PC and was not password-protected, so anyone could scan, print using his PC; furthermore, his work e-mail was also open and not password-protected.

In response to the question of the investigating police authority regarding the reason he, together with other colleagues, collectively resigned from Ekologicke Zdroje Energie s.r.o. and promptly entered into employment contracts with the competing company HGN Power CZ s.r.o., he stated that regarding the reason for the termination of employment of his colleagues, it was similar to his own case: the e-mail from Mr. Dvorak with the warning was received by everyone. Regarding the job offer at HGN Power CZ, he no longer recalls from whom he received it. He never even noticed Mr. Dvorak; he always dealt with Mr. Schulmeister.

Petr Jonas -- former worker at EZE (external worker on a self-employment basis)

He stated regarding the matter that he had worked for this company on the basis of an oral agreement from approximately January 2011 to spring 2022. He performed activities consisting of monitoring the energy market. He worked on the basis of assigned tasks, monitored trades, and had access to the energy trading system. Initially, the scope was not so extensive, but subsequently they also oriented towards the foreign market. Part of the trading included weather monitoring; they traded energy from wind power plants. He directed and managed this activity. He performed his work from his residence, where his place of business is also registered.

Regarding HGN Power CZ s.r.o., he stated that he has been working for this company since the second half of the year, rather from the end of 2022. The company is engaged in energy trading. He performs similar activities for this company on the Czech market and on their markets where they trade -- Germany, Poland, Austria, Slovakia, and others -- similar to his activities at EZE.

Regarding Igor Schulmeister, he stated that he is his brother-in-law.

Ladislav Kotrba -- commercial representative of Ceske Radiokomunikace a.s.

He stated regarding the matter that in addition to TV and radio transmission in the Czech Republic, their company also provides telecommunications and ICT services. In this case, it concerned a server hosting service at the level of EZE; later, under HGN, the service changed to business cloud. Furthermore, for EZE there was an internet connection service, as well as a data circuit between the server room and the customer's address, and a firewall service.

In response to the question of the investigating police authority regarding the contract between Ekologicke zdroje energie s.r.o. and Ceske Radiokomunikace a.s. dated 15 September 2021, ref. no. 2021-515560, he provided the investigating police authority with a copy of the Framework Agreement between Radiokomunikace and EZE dated 15 September 2021, and stated that individual services within this contractual relationship were handled individually for each service through a separate technical specification.

In response to the question regarding the Agreement on the Assignment of the Framework Agreement, ref. no. 2021-515560, dated 15 September 2021, assigned from Ekologicke zdroje energie s.r.o. to HGN Power CZ s.r.o., dated 24 June 2022, signed by General Director Mr. Brychta on behalf of EZE, he stated that the issue of changing services or company names was something he dealt with routinely, and for this reason it did not seem unusual to him. He further stated that this was based on a telephone call with Mr. Schulmeister, who told him about the assignment of services from EZE to HGN.

On 5 May 2022, Mr. Schulmeister sent him an SMS stating: "The new company is HGN Power CZ s.r.o., registered office Na Safrance 24, Company ID No. 11976063. From 1 May we will be transferring the complete services, i.e. both REG and Internet. Thanks, Igor Schulmeister."

On 30 November 2022, he also met with Mr. Schulmeister in person, who informed him that they would no longer need the service. Since the service was for a fixed term and they would have to pay the difference, they changed the service to cloud storage.

Expert Report

The investigating police authority exercised its powers and, in accordance with Section 105(1) of the Code of Criminal Procedure, appointed an expert in the field of economics, specialisation in accounting records.

Conclusion of Expert Report No. 438/2025, on Question No. 1: To determine whether HGN Power CZ s.r.o. gained an advantage in the period from 27 October 2021 to 30 March 2022, based on accounting documents, bank account statements, and other documents?

1.1 - Current Account Agreement between Komercni banka a.s. and HGN Power CZ s.r.o., account No. 123-5693970247/0100, signed on 9 December 2021 by Jaroslav Rehor. Confirmation of Payment of Registered Capital. Banking Service Insurance Agreement -- Profi Merlin.

1.2 - Profi Account Package Agreement between Komercni banka a.s. and HGN Power CZ s.r.o., account No. 123-5197690297/0100, signed on 3 November 2021 by Jaroslav Rehor.

1.3 - Agreement on Access to the Organised Short-Term Electricity Market between OTE, a.s. and HGN Power CZ s.r.o., dated 9 February 2022.

1.4 - Customs Office -- 4 February 2022, Application for the Issuance of a Permit for the Acquisition of Electricity Exempt from Tax, submitted to the Customs Office for the Capital City of Prague for the entity HGN Power CZ s.r.o., signed on 4 February 2022 by Mgr. Jaroslav Rehor. 8 February 2022, Decision -- Permit for the Acquisition of Electricity Exempt from Tax, No. CZ22128411E001, ref. no. 99131-3/2022-510000-11, entity HGN Power CZ s.r.o.

1.5 - Raiffeisenbank a.s. -- Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 6837466002/5500 (CZK), dated 21 March 2022.

1.6 - Raiffeisenbank a.s. -- Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 6837343002/5500 (EUR), dated 21 March 2022.

1.7 - Raiffeisenbank a.s. -- Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 6837167002/5500 (EUR), dated 21 March 2022. Confirmation of payment of EUR 1,200,000 dated 5 May 2022.

1.8 - 14 October 2021 -- Application for the Granting of Licence filed with the Energy Regulatory Office, category 14, file ref. LIC-10819/2021-ERU -- HGN Power CZ s.r.o. 20 October 2021, the Energy Regulatory Office issued a Decision on the Granting of Licence No. 142137131 to HGN Power CZ s.r.o. -- electricity trading.

1.9 - CEPS -- HGN POWER CZ s.r.o. -- the company is registered in their information system MMS on the basis of the concluded Framework Agreement on Cross-Border Electricity Transmission through the Transmission System of the Czech Republic, dated 29 March 2022.

1.10 - OTE, a.s. and HGN Power CZ s.r.o. entered into an Imbalance Settlement Agreement, signed on behalf of HGN POWER CZ s.r.o. by Mgr. Jaroslav Rehor on 9 February 2022.

1.11 - CRA (Ceske Radiokomunikace a.s.) -- Framework Agreement on the Provision of Services in the Field of Electronic Communications and Information Communication Technologies with HGN Power CZ s.r.o., dated 20 July 2022 -- part of the services were transferred from Ekologicke zdroje energie to HGN Power CZ. E-mail correspondence was submitted into the case file.

1.12 - Commercial Agreement between HGN Power CZ s.r.o. and GS1 Czech Republic, an association of legal entities, a company that assigns GLN identifiers for exchanges, concluded on behalf of HGN Power CZ s.r.o. on 31 March 2022 by Igor Schulmeister.

1.13 - Slovenska elektrizacna prenosova sustava, a.s., Company ID No. 35829141, ul. Mlynske nivy 59/A, 824 84 Bratislava, Slovak Republic, and HGN POWER CZ s.r.o. entered into a Framework Agreement on Electricity Transmission, ref. no. 2024-0102-121532G, dated 4 March 2024 (1 December 2022). Contact persons for HGN Power CZ s.r.o. are the managing director Ing. Mgr. Igor Schulmeister, Mgr. Jan Vala, and Mgr. Jaroslav Rehor. BEGINNING OF NEGOTIATIONS: e-mail from rehor@hgnpower.cz on 1 November 2021 at 18:28, as managing director of HGN POWER CZ s.r.o., approaching Alena Belanova (Slovenska elektrizacna prenosova sustava, a.s.) -- Request for Information -- possible conclusion of a contract.

1.14 - TenneT TSO GmbH -- Balancing Group Agreement for Electricity between HGN Power CZ s.r.o. and TenneT TSO GmbH. Concluded on behalf of HGN Power CZ on 18 February 2022.

1.15 - Creditreform Wirtschaftsauskunft -- HGN Power CZ s.r.o. -- incorporated 27 October 2021, capital CZK 25,000,000; 3 May 2022, subscribed capital CZK 25,000,000; Ing. Mgr. Igor Schulmeister, shareholder from 17 March 2022, managing director Ing. Mgr. Igor Schulmeister from 17 March 2022; annual turnover for 2022: CZK 9,461,864; operating result before tax: CZK 147,617; assets as of 31 December 2021: CZK 25,016; as of 31 December 2022: CZK 2,865,963.

1.16 - EEX Group -- Know Your Customer (KYC) Verification Questionnaire -- signed by Igor Schulmeister on 26 March 2022; Electricity Supplement to the KYC Verification Questionnaire -- signed by Igor Schulmeister on 27 March 2022; Business Plan of HGN Power CZ s.r.o.; KYC Verification Questionnaire -- signed by Igor Schulmeister on 26 March 2022.

1.17 - 50Hertz -- e-mail correspondence -- Application for the Assignment of a BDEW Number was made online; on 6 December 2021, HGN Power CZ s.r.o. was registered at Energie Codes and Services GmbH under BDEW code 9983127000007 in the market function of "balancing group manager". Contact e-mail addresses listed: rehor@hgnpower.cz, vala@hgnpower.cz.

1.18 - 31 March 2022, e-mail from Igor Schulmeister -- APCS -- initiative for the conclusion of a contract.

Answer to Question No. 1: In the period from 27 October 2021 to 30 March 2022, HGN Power CZ s.r.o. did not gain any advantage based on the accounting documents during the monitored period, as no issued invoices were identified for the monitored period. The above-listed documents had an impact on the ability to commence business activity in the field of electricity trading.

Question No. 2: To determine whether Ekologicke Zdroje Energie s.r.o. suffered any detriment or damage in the period from 2021 to 30 March 2022, based on accounting documents and bank account statements, given that as of 30 March 2022, in connection with this conduct, the majority of employees from the trading department departed (11 employees)?

Answer to Question No. 2: Thanks to the contractual relationships, HGN Power CZ s.r.o. was able to trade in electricity in the period after 1 April 2022, and through this trading generated, in the period from 1 April 2022 to 16 June 2024, revenues after deduction of costs in the amount of CZK 83,984,812. This is the amount that, had the business continued, would have been generated by Ekologicke Zdroje Energie s.r.o.

The investigating police authority exercised its powers and requested documents pursuant to Section 8 of the Code of Criminal Procedure:

Energy Regulatory Office -- HGN Power CZ s.r.o.

E-mail from rehor.jaroslav@post.cz dated 21 October 2021 -- procedure following the issuance of the licence for HGN Power CZ s.r.o., requesting a change of licence after inscription in the Commercial Register within 90 days:

• 14 October 2021 -- Application for the Granting of Licence filed, category 14, file ref. LIC-10819/2021-ERU -- HGN Power CZ s.r.o.
• Responsible person: Mgr. Jaroslav Rehor; authorised person to sign on behalf of the legal entity: Jan Vala,
• 14 October 2021, Application for the Issuance of a Licence for Electricity Trading -- Jan Vala,
• Power of Attorney for the Representation of HGN Power CZ s.r.o. dated 4 October 2021 -- Mgr. Jaroslav Rehor authorises Mgr. Jan Vala to act before the Energy Regulatory Office,
• Consent to the Placement of the Registered Office of HGN Power CZ s.r.o. issued by Ing. Mgr. Igor Schulmeister, Na Safrance 1803/24, Vinohrady, 101 00 Prague 10, where the property is owned by Igor Schulmeister and where the Prague section of EZE also had its registered office,
• Appointment of a Responsible Representative: Jiri Lisnik, born 25 June 1981,
• 27 October 2021, letter for the Energy Regulatory Office on behalf of HGN Power CZ s.r.o. by Jan Vala + power of attorney; 9 November 2021 -- Waiver of the Right to File an Appeal,
• Komercni banka -- Confirmation of the Account Balance of HGN Power CZ s.r.o., account No. 123-5197690297/0100, in the amount of CZK 7,600,000, dated 13 October 2021,
• 20 October 2021, the Energy Regulatory Office issued a Decision on the Granting of Licence No. 142137131 to HGN Power CZ s.r.o. -- electricity trading,
• 1 November 2021 -- Application for a Change of Licence -- the applicant, HGN Power CZ s.r.o., was assigned Company ID No. 11976063,
• 30 March 2022 -- letter from Ing. Mgr. Igor Schulmeister to the Energy Regulatory Office -- Notification of Information Regarding Changes at HGN Power CZ s.r.o.,

GENERAL DIRECTORATE OF CUSTOMS -- HGN Power CZ s.r.o.

• 4 February 2022, Application for the Issuance of a Permit for the Acquisition of Electricity Exempt from Tax, submitted to the Customs Office for the Capital City of Prague for the entity HGN Power CZ s.r.o., signed on 4 February 2022 by Mgr. Jaroslav Rehor,
• 8 February 2022, Decision -- Permit for the Acquisition of Electricity Exempt from Tax, No. CZ22128411E001, ref. no. 99131-3/2022-510000-11, entity HGN Power CZ s.r.o.,
• 20 October 2022, Power of Attorney for HGN Power CZ s.r.o. authorising Jan Vala, signed by Ing. Mgr. Igor Schulmeister on 20 October 2022,

CEPS -- HGN POWER CZ s.r.o. -- the company is registered in their information system MMS on the basis of the concluded Framework Agreement on Cross-Border Electricity Transmission through the Transmission

System of the Czech Republic, dated 29 March 2022. In connection with the conclusion of the Framework Agreement, they dealt with Mgr. Jaroslav Rehor.

OTE, a.s. and HGN Power CZ s.r.o. entered into an Imbalance Settlement Agreement, signed on behalf of HGN Power CZ s.r.o. by Mgr. Jaroslav Rehor on 9 February 2022.

CEPS, a.s. and HGN Power CZ s.r.o. entered into a Framework Agreement on Cross-Border Electricity Transmission through the Transmission System of the Czech Republic, signed on behalf of HGN POWER CZ on 29 March 2022.

23 March 2022 -- e-mail from Igor Schulmeister on behalf of HGN Power CZ s.r.o. to Ms. Petra Vrsta -- vrsta@ceps.cz.

9 September 2021 -- e-mail from Mgr. Jaroslav Rehor (rehor@hgnpower.cz) to Ms. Petra Vrsta -- vrsta@ceps.cz; 1 November 2021 -- e-mail from Mgr. Jaroslav Rehor (rehor@hgnpower.cz) to Halpitrade -- Training -- Trade -- Request for Information -- possible conclusion of a contract -- attached Energy Regulatory Office Licence, Decision on Granting including endorsement clause and power of attorney; 26 November 2021 -- request for access to EU markets by Mgr. Jaroslav Rehor.

OTE -- Registration Card for a Registered Participant on the Electricity Market in the Czech Republic, registration form for HGN Power CZ s.r.o., dated 26 January 2022, signed by Mgr. Jaroslav Rehor; registration address was supplemented on 21 January 2022; the first invoice was paid on 6 May 2022.

• On 10 February 2022, HGN Power CZ s.r.o. entered into an Imbalance Settlement Agreement No. A34401/22 and an Agreement on Access to the Organised Market, ref. no. B34401/22, effective from 10 February 2022.
• 16 February 2022, upon fulfilment of all conditions, Ing. Mgr. Igor Schulmeister (schulmeister@hgnpower.cz) was configured in their system as a registered market participant.
• Imbalance Settlement Agreement between OTE, a.s. and HGN Power CZ s.r.o., ref. no. A34401/22, signed on 9 February 2022 by Mgr. Jaroslav Rehor.
• Agreement on Registered Entities with OTE, a.s., ref. no. B34401/22, signed on behalf of HGN Power CZ s.r.o.
• Decision on the Granting of Licence to HGN Power CZ s.r.o., No. 142137131, dated 20 October 2021.

GS1 Czech Republic, s.r.o. -- a company that assigns GLN identifiers for exchanges; HGN POWER CZ s.r.o. entered into a Commercial Agreement between HGN POWER CZ s.r.o. and GS1 Czech Republic, concluded on behalf of HGN Power CZ s.r.o. on 31 March 2022 by Igor Schulmeister; GS1 prefix effective from 16 March 2022; GS1 prefix 8593127000000 and Global Location Number.

Raiffeisenbank a.s. -- on 14 June 2022, Igor Schulmeister entered into an agreement on behalf of the competing company HGN POWER CZ s.r.o. -- Agreement on the Assignment of the Framework Agreement on the Provision of Services in the Field of Electronic Communications and Information and Communication Technologies, ref. no. 2021-515560, dated 15 September 2021, with Ceske Radiokomunikace a.s., Company ID No. 24738875, whereby the contractual obligation was assigned from EZE to the competing company HGN Power CZ s.r.o.

Komercni banka a.s. -- 13 October 2021, Confirmation from KB for HGN Power CZ s.r.o. regarding the payment of registered capital of CZK 7,000,000, signed by Jaroslav Rehor.

• Current Account Agreement between Komercni banka a.s. and HGN Power CZ s.r.o., account No. 123-5693970247/0100, signed on 18 March 2022 by Jaroslav Rehor.
• Profi Account Package Agreement between Komercni banka a.s. and HGN Power CZ s.r.o., account No. 123-5197690710/0100, signed on 3 November 2021 by Jaroslav Rehor.
• Account statements through the end of 2022 from account No. 123-5197690297/0100, account opened 8 December 2021.

Raiffeisenbank -- Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 6837466002/5500 (CZK), dated 21 March 2022,

Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 6837343002/5500 (EUR), dated 21 March 2022,

Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 6837167002/5500 (EUR), dated 21 March 2022,

Banking and Related Services Agreement for HGN Power CZ s.r.o., represented by Igor Schulmeister, signed -- account No. 7196800002/5500 (PLN), dated 4 April 2022,

Banking and Related Services Agreement -- account No. 6839199002/5500 (HUF), EUR 3,000, dated 8 May 2022,

Account statements through the end of 2022 from accounts No. 6837167002/5500, 6837343002/5500, 6837466002/5500, 7196800002/5500, and 6839199002/5500, signatures through 30 June 2022.

Documents requested via the European Investigation Order:

European Investigation Order (EIO) -- Federal Republic of Germany

The Federal Financial Supervisory Authority (BaFin) in the Federal Republic of Germany provided training records with the BDEW registration attachment in Germany -- Federal Association of the Energy and Water Industry, Berlin, EVO code 200560, whereby:

• The application for the assignment of a BDEW number was made online; on 6 December 2021, HGN Power CZ s.r.o. was registered at Energie Codes and Services GmbH under BDEW code 9983127000007 in the market function of "balancing group manager". Contact e-mail addresses listed: rehor@hgnpower.cz, vala@hgnpower.cz.

EIO -- Federal Republic of Germany: TenneT TSO GmbH

Balancing Group Agreement for Electricity between HGN Power CZ s.r.o. and TenneT TSO GmbH. Concluded on behalf of HGN Power CZ on 18 February 2022 by Rehor. Declaration on Exchange Trading with Balancing Groups, dated 14 March 2022.

e-mails:

• from info@hgnpower.cz to Urmeyer, Jana, dated 25 February 2022 -- modification of commercial terms, information from TenneT TSO GmbH; request dated 10 March 2022 for an additional amount of EUR 384,000 -- subject to the condition of providing a guarantee + condition of depositing a guarantee; 29 March 2022 -- permit, effective 1 March 2022,
• e-mail from Igor Schulmeister (schulmeister@hgnpower.cz) dated 14 April 2022 -- HGN Power CZ s.r.o. -- new owner, confidential business information, transfer of balancing obligations from Mr. Rehor to Nord Pool,
• e-mail from Igor Schulmeister (schulmeister@hgnpower.cz) dated 28 April 2022 -- TenneT balancing order for the market trader, dated 5 March 2022. Payment details from Rehor/Schulmeister for the HGN Power CZ account at Nord Pool,
• e-mail from Igor Schulmeister (schulmeister@hgnpower.cz) dated 28 April 2022 -- TenneT balancing order, request for a one-time guarantee in the amount of EUR 1,200,000 -- request from TenneT for a deposit of EUR 1,000,000 on 19 May 2022,

Further request from Igor Schulmeister for a deposit -- the full amount of EUR 1,200,000 was required.

Creditreform Wirtschaftsauskunft -- HGN Power CZ s.r.o. -- incorporated 27 October 2021; capital CZK 25,000,000; Ing. Mgr. Igor Schulmeister, shareholder from 17 March 2022; annual turnover for 2022: CZK 9,461,864.

Amprion GmbH (operator of the transmission system in the Federal Republic of Germany):

Balancing Group Agreement for Electricity between HGN Power CZ s.r.o. and Amprion GmbH, signed on 23 May 2022 by Schulmeister.

• Balancing Group Agreement dated 3 April 2023 -- signed on 21 March 2023 for HGN Power CZ s.r.o.

50Hertz Transmission GmbH -- Balancing Group Agreement for Electricity with HGN Power CZ s.r.o., dated 18 May 2023, represented by Mr. Schulmeister.

e-mail correspondence:

• rehor@hgnpower.cz -- 1 November 2021 -- initiative for the conclusion of a contract with bkm@50hertz.com,
• Igor Schulmeister, 27 April 2022 -- to 50Hertz: "Since we do not have a parent company, we are not a member of any group of companies, nor are we connected to or closely linked with any company with a corresponding rating, we have someone to cooperate with regarding collateral."

EPEX Spot

D01 -- Identification Form, dated 4 May 2022, signed by Igor Schulmeister.

D02 -- Technical Settings, Flat-Rate Trading Fees, Market Access, signed by Igor Schulmeister on 4 May 2022.

e-mail correspondence:

• From: Svetlana GRACE (s.grace@epexspot.com), 25 March 2022, To: Igor Schulmeister (schulmeister@ezetrading.cz) -- based on a telephone conversation with Igor Schulmeister, submission of the first set of documents to start with -- EPEX SPOT SE.
• From: Igor Schulmeister (schulmeister@hgnpower.cz), 29 March 2022, To: Svetlana GRACE (s.grace@epexspot.com) -- "As I said in our telephone conversation, HGN Power is technically a start-up, but in reality we want to build on our experience and know-how that we gained in previous years at Ekologicke Zdroje Energie s.r.o."

Key points from Schulmeister's e-mail to EPEX Spot:

• Point 3.1 Key financial data -- given that HGN Power did not conduct any business activity last year, the financial statements are not very meaningful. As for the registered capital, during the next week they will supplement the remaining funds, and thereby the registered capital of EUR 1 million will be fully paid up.
• Point 4.5 trading employees -- there are currently no trading employees at the company, as their employment at Ekologicke Zdroje Energie ends on 30 April 2022. "Our employees will join from May."
• Point 1.1 Markets -- they initially checked only the German spot market, but would also like to operate in other markets (Poland, France, Belgium, the Netherlands).
• "Since we need to accelerate the admission process as much as possible, please let me know what I can do for that."

EEX Group -- electricity exchange

• Know Your Customer (KYC) Verification Questionnaire -- signed by Igor Schulmeister on 26 March 2022,
• Electricity Supplement to the KYC Verification Questionnaire -- signed by Igor Schulmeister on 27 March 2022,
• Business Plan of HGN Power CZ s.r.o.,
• KYC Verification Questionnaire -- signed by Igor Schulmeister on 26 March 2022,

ECC (European Commodity Clearing AG (ECC AG), Leipzig -- part of the EEX Group and the leading European clearing house for energy and commodity products),

• NCM Agreement -- signed by Igor Schulmeister on 1 April 2022,

EIO -- SLOVAK REPUBLIC

The police authority of the Slovak Republic conducted an investigation regarding the following companies:

JAS ENERGY TRADING s.r.o., Company ID No. 45931828, Galantska cesta 39, 929 01 Dunajska Streda, Slovak Republic -- no documents relating to HGN POWER CZ s.r.o. were found.

Slovenska elektrizacna prenosova sustava, a.s., Company ID No. 35829141, and HGN POWER CZ s.r.o. have entered into a Framework Agreement on Electricity Transmission, ref. no. 2024-0102-121632G, dated 4 March 2024 (1 December 2022). BEGINNING OF NEGOTIATIONS: e-mail from rehor@hgnpower.cz on 1 November 2021 at 18:28. Office for the Regulation of Network Industries -- Decision No. 0049/2022/E-PE, Permit No. 2022E 0747 for HGN POWER CZ s.r.o., dated 18 May 2022.

EIO -- REPUBLIC OF AUSTRIA

APCS -- electricity exchange in Austria, contract with HGN Power CZ s.r.o. concluded on 25 April 2022; Certificate dated 4 April 2022; 31 March 2022, e-mail from Igor Schulmeister -- APCS -- initiative for the conclusion of a contract.

EIO -- KINGDOM OF NORWAY

• 25 April 2022, accounting sheet for the application for transfer to RFT on behalf of HGN Power CZ s.r.o., signed by Igor Schulmeister,
• Non-Disclosure Agreement between HGN Power CZ and Nord Pool AS, signed on 12 December 2022 by Igor Schulmeister,
• Membership Agreement between HGN Power CZ and Nord Pool AS, signed on 22 April 2022 by Igor Schulmeister,
• Demand Guarantee from Raiffeisenbank for Nord Pool AS in the amount of EUR 300,000, dated 5 May 2022,
• Data and Reporting Services Agreement between Nord Pool AS and HGN Power CZ, dated 26 April 2022, signed by Igor Schulmeister,

EIO -- KINGDOM OF BELGIUM

ELIA Transmission Belgium SA, company number 0731.852.231, Boulevard de l'Empereur 20, 1000 Brussels, Belgium, operator of the transmission system in Belgium. Ms. Nicole Koleman received the completed registration form from HGN Power CZ s.r.o. on 13 June 2022. On 16 December 2022, the draft contract was approved. On 4 January 2023, Igor Schulmeister transferred a deposit of EUR 93,000. On behalf of HGN Power CZ s.r.o., Igor Schulmeister signed on 19 December 2022.

Legal Analysis

The investigation established that the accused Igor Schulmeister and Jaroslav Rehor, during the period of their employment at EZE, founded, actively participated in, and organised the activities of the competing company HGN Power CZ s.r.o., which has the same business object as EZE, and by their joint conduct created the groundwork for the nascent business activity (electricity trading) of this competing company, thereby procuring it an unlawful advantage, which was quantified by expert examination at CZK 83,984,812.

Object of the offence of Abuse of Position in Business Relations: the interest in protecting the equality of entrepreneurs in economic competition through the prohibition of abuse of competition.

Objective element (actus reus) of the offence: the conduct whereby the accused Igor Schulmeister and Jaroslav Rehor, during their employment at EZE, founded, actively participated in, and organised the activities of the competing company HGN Power CZ s.r.o., which has the same business object as EZE, thereby procuring it an unlawful advantage quantified at CZK 83,984,812.

Subject (perpetrator) of the offence: the subject may be an entrepreneur, shareholder, member of a governing body, employee, or participant in the business of two or more entrepreneurs with the same or similar business object. The accused Igor Schulmeister, as managing director of EZE from 8 September 2011 to 11 March 2022 and shareholder of EZE from 8 September 2011 to the present, and simultaneously from 17 March 2022 also managing director and shareholder of the competing company HGN Power CZ s.r.o. The accused Jaroslav Rehor, as an employee of EZE from 1 April 2014 to 30 April 2022, and simultaneously the managing director and 100% shareholder of the competing company HGN Power CZ s.r.o. from

27 October 2021 to 17 March 2022, with the intent to procure an unlawful advantage for the competing company HGN Power CZ s.r.o.

Subjective element (mens rea) of the offence: intentional culpability is required; the accused Igor Schulmeister and Jaroslav Rehor acted with clear intent within the meaning of Section 15(1)(b) of the Criminal Code (dolus eventualis / oblique intent), knowing that their conduct could cause such an infringement or threat, and being reconciled to the possibility that it would.

With the intent to procure an advantage for themselves or another person, or to initiate the conclusion of contracts to the detriment of one or more entrepreneurs with the same or similar business object: the investigation established that the accused, during their employment at EZE, founded, actively participated in, and organised the activities of the competing company HGN Power CZ s.r.o., thereby procuring it an unlawful advantage quantified at CZK 83,984,812.

Initiative for the conclusion of a contract -- this constitutes active conduct by the perpetrator aimed at the conclusion of a contract, in particular making an offer, or initiating efforts to establish prices and other contractual terms. An initiative for the conclusion of a contract also encompasses all forms of effort to bring about the conclusion of a contract. An initiative for the conclusion of a contract cannot, however, be considered to be the mere acceptance of such a contract, which constitutes a legal act.

The investigation established that the accused gave various initiatives that subsequently led to the conclusion of contracts:

• on 1 November 2021, they initiated the conclusion of a contract on behalf of the competing company HGN Power CZ s.r.o. with Nord Pool AS, 1325 Lysaker, Norway, which led to the conclusion of a contract with that company,
• on 22 March 2022, they initiated the conclusion of a contract on behalf of HGN Power CZ s.r.o. with CEPS, a.s., Company ID No. 25702556 (the operator of the transmission system of the Czech Republic),
• on 3 May 2022, they initiated the conclusion of a contract on behalf of HGN Power CZ s.r.o. by sending the KYC Verification Questionnaire to EPEX in Germany, which led to the conclusion of a contract,
• on 31 March 2022, they initiated the conclusion of a contract with EPEX Spot, Germany, which led to the conclusion of a contract,
• on 31 March 2022, they initiated the conclusion of a contract with APCS Power Clearing and Settlement AG, Austria, which led to the conclusion of a contract,
• on 21 April 2022, they initiated the conclusion of a contract with Amprion GmbH, Federal Republic of Germany,
• on 1 November 2021, they initiated the conclusion of a contract with CEPS, a.s. (rehor@hgnpower.cz),
• on 1 November 2021, they initiated the conclusion of a contract with OKTE, a.s. (rehor@hgnpower.cz),
• on 1 November 2021, they initiated the conclusion of a contract with Slovenska elektrizacna prenosova sustava, a.s. (rehor@hgnpower.cz),

• on 1 November 2021, they initiated the conclusion of a contract with OTE, a.s., Company ID No. 26463318 (rehor@hgnpower.cz),
• on 1 November 2021, they initiated the conclusion of a contract with the operator of the transmission system in Austria (rehor@hgnpower.cz to bilanzkreise@apg.at),
• on 1 November 2021, they initiated the conclusion of a contract with TransnetBW (rehor@hgnpower.cz),
• on 9 December 2021, they initiated the conclusion of a contract with CEPS, a.s. (rehor@hgnpower.cz),
• on 13 June 2022, they initiated the conclusion of a contract with ELIA (rehor@hgnpower.cz),
• on 10 May 2022, they initiated the conclusion of a contract with Slovenska elektrizacna prenosova sustava, a.s. (rehor@hgnpower.cz),
• on 1 November 2022, they initiated the conclusion of a contract with OKTE, a.s. (rehor@hgnpower.cz),

Detriment -- means property or other damage caused without a primary justification -- that is, not due to established rights to property or entitlements, but rather in the absence of any such existing right or authorisation.

Advantage -- is anything individually gained, or that which is retained, including even slight or non-monetary benefits. It may take the form of direct profit, unjust enrichment, purposeful purchase, favourable or beneficial terms, or calculated offers.

Unlawful advantage -- any advantage, property, money, or other benefit that a person obtains without adequate justification or in violation of the law.

The unlawful advantage was quantified by expert report in the amount of CZK 83,984,812, which accrued to the competing company HGN Power CZ s.r.o., being the amount that EZE could have generated had its business continued.

Advantage -- means a benefit, utility, or circumstance that facilitates or improves someone's situation.

Both accused acted jointly with the same objective of commencing competing business activity and, through their joint conduct, actively prepared the competing company HGN Power CZ s.r.o. for the conduct of competing business activity in electricity trading, i.e. with the same business object as EZE, specifically by their joint conduct:

• on 1 November 2021, entered into a Lease Agreement for Business Premises for the benefit of HGN Power CZ s.r.o.,
• on 3 February 2022, caused a Notarial Record, file ref. NZ 39/2022, to be drawn up, whereby, as the majority owners and shareholders, they removed the managing director of EZE, David Dvorak, from his position,
• on 17 February 2022, announced the resignation from the position of managing director of EZE, effective from 11 March 2022, thereby paralysing EZE's business activities, as EZE was left without a statutory representative from that date and was subsequently dissolved by liquidation,
• on 24 February 2022, as the sole statutory representative of EZE, accepted the resignations of key EZE employees Lukas Pop, Jaroslav Rehor, and Jan Vala, who subsequently transferred to the competing company HGN Power CZ s.r.o.,
• on 28 February 2022, as the sole statutory representative of EZE, accepted the resignations of key EZE employees Stepan Cilecek, Anna Baginska, and Marek Cermak, who transferred to the competing company HGN Power CZ s.r.o.,
• on 21 March 2022, as managing directors of the competing company HGN Power CZ s.r.o., entered into Banking and Related Services Agreements with Raiffeisenbank a.s., Company ID No. 49240901, for the management of accounts,
• on 4 October 2021, established the competing company HGN Power CZ s.r.o. by means of a Notarial Record, file ref. NZ 1451/2021, N 1812/2021,
• on 5 October 2021, signed a power of attorney for representation in administrative proceedings before the Energy Regulatory Office on behalf of HGN Power CZ s.r.o.,
• on 13 October 2021, on behalf of the competing company HGN Power CZ s.r.o., deposited CZK 7,000,000 for the purpose of establishing a new commercial operator,
• on 3 November 2021, entered into an agreement with Komercni banka a.s.,
• on 8 December 2021, entered into an Agreement and opened an account with Komercni banka a.s. (EUR/CZK),
• on 4 February 2022, initiated the process for obtaining a permit for the acquisition of electricity exempt from tax on behalf of HGN Power CZ s.r.o.,

Same business object -- two persons or companies have the same (or substantively identical) activity registered in the Commercial Register or in their trade licence authorisation, i.e. they operate in the same area of business.

Employee -- is an employed natural person. An employee's criminal liability does not exclude that of a senior employee or shareholder.

Shareholder -- shareholders may be both natural and legal persons who, by their conduct (conclusion of a memorandum of association, issuance of a founding deed), established a commercial company or cooperative under the Act on Business Corporations.

Member of a governing body -- a governing body in this sense is a member of the governing body of a legal entity, in particular the supreme body, statutory body (managing director, statutory director), the executive body or the supervisory body (supervisory board, audit committee). These may, depending on the legal form of the company, be both natural and legal persons.

Participant in business -- is a natural person who, in any capacity or manner, participates in two or more enterprises that have the same or similar business object. This includes, for example, a mandatory or a person entering into a mandate contract, or a person appointed as a manager, or collaborators performing activities on the basis of a contract for work, mandate contract, or other contractual legal act.

The condition of involvement in both entities: the perpetrator of the criminal offence must be an entrepreneur, shareholder, member of a governing body, employee, or participant in the business of two or more entrepreneurs. It is not required that the perpetrator hold the same position in both (all) entities; for example, in one entity the perpetrator may be a member of a body and in the other a shareholder or employee. It is likewise not required that the entrepreneurs have the same legal form. By operating a competing company, the perpetrator procures an unlawful advantage for it.

From the results of the investigation, in particular the evaluation of the criminal complaint, the statements provided, and the materials gathered by the investigating authority in the course of the preliminary investigation, including accounting records and financial evidence, the conclusion is sufficiently substantiated that Ing. Mgr. Igor Schulmeister, as managing director of EZE from 8 September 2011 to 11 March 2022, and shareholder of EZE from 8 September 2011 to the present, and employee of the company from 5 November 2019 to 31 March 2022, and simultaneously from 17 March 2022 to the present also managing director and shareholder of the competing company HGN Power CZ s.r.o.,

and Jaroslav Rehor, as employee of EZE from 1 April 2014 to 30 April 2022, and simultaneously the managing director and 100% shareholder of the competing company HGN Power CZ s.r.o. from 27 October 2021 to 17 March 2022,

were involved in the business of the competing company HGN Power CZ s.r.o. and the companies up to 31 July 2025, and in particular actively participated in and organised activities that constituted preparations for competing business activity to the detriment of EZE in favour of the competing company HGN Power CZ s.r.o. -- electricity trading. This advantage led to the subsequent conclusion of contracts and the obtaining of necessary permits for the business activity of HGN Power CZ s.r.o.

The accused also made use of Jan Vala, who prepared documents for HGN Power CZ s.r.o. at a time when he was an employee of EZE, and participated in various areas related to the Energy Regulatory Office and electricity trading, approaching business partners.

The accused further organised extensive activities related to the establishment of the competing company HGN Power CZ s.r.o., including applications for banking services at KB (Komercni banka) and Raiffeisenbank a.s., sending a large number of financial contracts and simultaneously establishing business relationships that led to the subsequent conclusion of contracts for the competing company HGN Power CZ s.r.o.

The accused further offered employment at the competing company HGN Power CZ s.r.o. to employees of EZE: Petr Jonas, Stepan Cilecek, Anna Baginska, Lukas Pop, Marek Cermak, and Jan Vala subsequently resigned from their employment at EZE, terminating their employment as of 30 April 2022, and subsequently joined the competing company HGN Power CZ s.r.o., whereby

key employees from the trading department, which had generated the profits of EZE, departed, which subsequently led to the dissolution of EZE by liquidation as of 23 June 2025.

The accused, with the intent to enrich the competing company HGN Power CZ s.r.o., by the above-described conduct, created an unlawful advantage for the competing company HGN Power CZ s.r.o., and this conduct was to the detriment of Ekologicke zdroje energie s.r.o.; the unlawful advantage was quantified by an expert report, as a result of which HGN Power CZ s.r.o. generated profits in the amount of CZK 83,984,812, which is the amount that EZE could have generated had its business continued.

Instruction on Rights

Pursuant to Section 38(3) of the Code of Criminal Procedure, you must have a defence counsel already during the preliminary proceedings. If you do not choose a defence counsel yourself within 5 days of receiving this Resolution, or if one is not chosen for you within this period by a legal representative, or, as the case may be, by a relative in the direct line, a sibling, an adoptive parent, an adoptee, a spouse, a registered partner, a cohabitant, or an interested party, a defence counsel will be appointed for you (Sections 37 and 38 of the Code of Criminal Procedure).

Pursuant to Section 36b(1) of the Code of Criminal Procedure, if there are grounds for mandatory defence pursuant to Section 36(3) or Section 36a(2)(b) of the Code of Criminal Procedure, the accused may waive the right to a defence counsel, unless the offence in question is one for which an exceptional sentence may be imposed. Pursuant to Section 36b(2), a waiver of the right to a defence counsel may only be made by an express written declaration or orally on the record before the criminal justice authority conducting the proceedings; the declaration must be made in the presence of a defence counsel and after prior consultation with that defence counsel. Pursuant to Section 36b(3), a declaration waiving the right to a defence counsel may be withdrawn at any time.

An appeal against this Resolution is admissible; the accused may file the appeal within three days of delivery with the police authority that issued the Resolution. The appeal does not have suspensory effect.

Captain Mgr. Vaclav Pribyl
Senior Commissioner

• *official stamp*

Mgr. Vaclav Pribyl

POLICE OF THE CZECH REPUBLIC

Reason for signing: Certified as a true copy
Time of signing: 17 February 2026, 14:06:59