|
| ||||||||||||||
Ecometals Litigation Update in Brazil TORONTO, ONTARIO--(MARKET WIRE)--Nov 7, 2008 -- Ecometals Limited (CDNX:EML.V - News)(Frankfurt:GDQ.F - News)(Berlin:GDQ.BE - News)
(the "Company") - On October 1, 2008 a Federal Court of
Appeals in Brazil ruled in favour of the Company's partner,
Tocantins Mineracao S/A ("Tocantins"), with respect to a
dispute regarding the ownership of certain manganese assets
in the State of Amapa. The following comments provide additional
detail on the ruling that were not available at the time
of the previous press release. On October 1, 2008 Appeal # 2005.32.00.000418-9/AP was submitted to Tribunal Federal de Recursos da 1a Regiao (Federal Court of Appeals of the 1st Region) to scrutinized a decision issued by Amapa's 1st Federal Court on June 15, 2005 (the Original Decision). For the sake of clarity, Appeal # 2005.32.00.000418-9/AP encompass requests submitted by the State of Amapa (Amapa), Tocantins and the Federal Government in order to amend the Original Decision that dealt with: (i) the Santana Port operation; (ii) the railway operation, as well the ownership of all the infra-structural assets; and (iii) the ownership of the ore stockpiles deposited in Serra do Navio and Santana Port. Briefly, Amapa's appeal defended their opinion that Amapa was the legal "heir" of all assets deriving from a certain mining concession entered into by the Federal Government on behalf of the former Territory of Amapa; and consequently the Original Decision erred (i) to establish Tocantins' ownership over the manganese piles deposited in Serra do Navio and Santana Port; (ii) to determine that the right to operate the Santana Port devolve upon the Federal Government and (iii) not to convey to Amapa that all reversible assets (machinery, equipments and other apparatus) and mined material. In its turn Tocantins tried to amend the Original Decision only as regards the possession of the area where the Santana Port is established. The Federal Court of Appeals denied entirely both such appeals. As regards the Federal Government appeal, the Federal Court accepted the arguments put forward by the Federal Government that it should be the owner of the railway, as well as of all the infra-structural assets this representing the relevant change introduced by the decision arising out from the appeal vis-a-vis the Original Decision. Consequently, the ownership of the manganese piles remains with Tocantins and the operation of the Santana Port remains with Federal Government as set forth in the Original Decision, and the ownership of the railway passed to the ownership of the Federal Government in detriment of Amapa. Against this decision, Amapa filed a motion for clarification, which is pending of analysis of the Federal Court of Appeals. It is important to note that, although the decision of the Federal Court of Appeals is subject to further appeals, this appeal does not suspend, in principle, the effects of the mentioned decision. About Ecometals Ecometals Limited is a Canadian-listed mineral exploration and development company focused on mineral resources in Latin America. Ecometals also holds 44.4% of Atomaer Holdings Pty Ltd., a private Australian holding company. Ecometals owns 66% and Tocantins holds 34% in a Joint Venture related of the Serra do Navio manganese property.
Contact: Contacts:
Ecometals Limited
Daniel J. Major
Chief Operating Officer
011 44 207 3408522
Email: daniel.jmajor@btopenworld.com
Source: Ecometals Limited
| ||||||||||||||