SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): July 15, 2003
United Pan-Europe Communications N.V.
(Exact name of registrant as specified in its charter)
The Netherlands
(State or Other Jurisdiction of Incorporation)
000-25365
(Commission File Number)
98-0191997
(I.R.S. Employer Identification Number)
Boeing Avenue 53
1119 PE, Schiphol Rijk
The Netherlands
(Address and zip code of principal executive offices)
(31) 20-778-9840
(Registrant's telephone number, including area code)
Item 3. Bankruptcy and Receivership.
On July 15, 2003, United Pan-Europe Communications N.V. (the "Company") issued a
press release announcing that on July 11, 2003, the Dutch Attorney General
delivered advice to the Dutch Supreme Court (Hoge Raad) (the "Supreme Court"),
which concluded that all of the grounds for the appeal in relation to the
ratification of the Company's proposed plan of compulsory composition (Akkoord)
are without merit and that, therefore, the appeal should be dismissed.
As previously reported, on December 3, 2002, the Company commenced a voluntary
Chapter 11 case in the United States Bankruptcy Court for the Southern District
of New York (Case No. 02-16020). Simultaneously with the commencement of the
Chapter 11 case, the Company also voluntarily commenced a moratorium of payments
in The Netherlands under Dutch bankruptcy law and filed the Akkoord with the
Amsterdam Court (Rechtbank) (the "District Court") under the Dutch
Faillissementswet. On March 13, 2003, the District Court ratified the Akkoord in
a written decision, which was confirmed by the Dutch Court of Appeals. The
ratification of the Akkoord has been appealed to the Supreme Court. The Supreme
Court will be the final point of appeal in relation to the ratification of the
Akkoord. The Company believes the appeal is without merit.
The Supreme Court, which is independent of the Dutch Attorney General, generally
takes into account the conclusion of the Dutch Attorney General and, in most
cases, comes out with the same result as the Dutch Attorney General. It is
expected that the Supreme Court will deal with the matter expeditiously. The
full text of the press release is attached hereto as Exhibit 99.1 and is
incorporated in its entirety herein by reference.
Item 7. Financial Statements and Exhibits.
(c) Exhibits.
Exhibit Number Description
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99.1 Press Release dated July 15, 2003 of United
Pan-Europe Communications N.V.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
UNITED PAN-EUROPE COMMUNICATIONS N.V.
By: /s/ Anton A.M. Tuijten
-------------------------------------
Name: Anton A.M. Tuijten
Title: Member of the Board of
Management and General Counsel
Dated: July 15, 2003
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EXHIBIT INDEX
Exhibit Number Description
-------------- -----------
99.1 Press Release dated July 15, 2003 of United Pan-Europe
Communications N.V.
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