In response to the extrajudicial protestation dated 22/12/2006 by "ZIM Integrated Shipping Services Ltd" which is represented in Greece by "Ellastir Naftiki SA", PPA SA has issued, without prejudice to its rights, a Declaration - Answer and an extrajudicial protestation stating that:
"1. The mentioned cancelled arrivals of your vessels concern a decision solely on your part to deviate from the port of Piraeus. PPA SA can not be made liable for changes in the itineraries of your vessels prompted by decisions taken on your side.
2. According to the Code of Operations, PPA SA is obliged to provide services to port users according to its operational capabilities at any given time and without specific time or productivity standards during the provision of the relative service.
3. The allegations for the so called violation of contractual terms on our side is completely unfounded given the fact that, as you are very well aware of, no such contractual agreement between our companies exists and the service of your vessels is conditioned upon the Code of Operations which applies to all port users.
4. The publication of your extrajudicial protestation by unjustifiably alarming the investors'' community give rise to "moral damages" to PPA SA which is a company listed in the Stock Exchange." Further to the above in the extrajudicial protestation issued by PPA SA it is stated that the action taken by ZIM Integrated Shipping Services ltd does not conform to ordinary business customs. On the contrary it is considered inappropriate as PPA SA and its Management has repeatedly facilitated the aforementioned company in cases of need as was the case during the recent war in the Middle East last July and August when the cargoes of the company could not be serviced by Israeli ports and were adequately s erviced in Piraeus.