Communication of the The State Secretariat for Economic Affairs (SECO), Effingerstrasse 1, CH-3003 Berne, in the matter of NovaChan-nel AG in Liquidation

Ruling by the Federal Supreme Court dated 1 October 2009 (English version, translated from the German

1. NovaChannel AG in Liquidation is prohibited from using the forms in accordance with Appendix 1-11.

2. NovaChannel AG in Liquidation is prohibited from using forms similar to those in accor-dance with Appendix 1-11 which do not distinguish between free and chargeable ser-vices by a signature block which must be signed for utilising chargeable services and by a separate signature block to be signed for utilising free services.

3. NovaChannel AG in Liquidation is prohibited from asserting claims and/or allowing the assertion of claims which are based on forms that are prohibited under No. 1 and 2 of the legal ruling.

4. In the event of breaches of the bans under the legal ruling No. 1, 2 and 3, NovaChannel AG in Liquidation’s personnel and executive bodies responsible will be punished by a fine in accordance with Art. 292 StGB (Swiss Criminal Code).

5. The Swiss Confederation is authorised to publish No. 1-6 of the legal ruling together with a scaled-down version of the form in accordance with Appendix 1-11 at NovaChannel AG in Liquidation’s costs (incl. translation costs) in a daily newspaper in the following countries: Belgium, China, Denmark, Germany, Finland, France, Greece, Great Britain, Indonesia, Ireland, Italy, Cambodia, Canada, Croatia, Latvia, Lithuania, the Netherlands, Norway, Peru, Portugal, Slovenia, Sweden, Spain, South Africa, the Czech Republic, Turkey, Hungary and the USA.

6. The Swiss Confederation is authorised to publish No. 1-6 of the legal ruling at Nova-Channel AG in Liquidation’s costs (incl. translation costs) in German, French, Italian and English together with a scaled-down version of the form in the German (Appendix 1), French (Appendix 4 or 5) Italian (Appendix 7) and English version (Appendix 2 or 3) in the Official Swiss Trade Journal.