🕐09.04.10 - 02:01 Uhr

Brasil Ecodiesel | Material Fact



MATERIAL FACTRio de Janeiro,�April 08, 2010, - BRASIL ECODIESEL IND�STRIA E COM�RCIO DE BIOCOMBUST�VEIS E �LEOS VEGETAIS S.A., ("Company"), a publicly held company headquartered in the city and state of Rio de Janeiro at Praia de Botafogo, n� 501, Bloco II, Sala 701-B1, Centro Empresarial Mourisco, CEP 22250-040, with common stock traded on the Novo Mercado Special Corporate Governance Segment of the S�o Paulo Stock Exchange (Bovespa) under the stock ticker ECOD3 ("Brasil Ecodiesel"), in accordance with Article 157, Paragraph 4 of Federal Law 6,404 of 1976, and Item XXII, Sole Paragraph, Article 2 of CVM Instruction 358/2002, hereby announces that:1) On April 7, 2010, the Company filed suit against the National Petroleum, Natural Gas and Biofuel Agency (ANP), which included a claim for a preliminary injunction, at the Federal Court for the State of Rio de Janeiro, claiming that the acts practiced by the ANP that resulted in the non-adjudication of the items won by the Company be declared null and declaring the right to fully fulfill the biodiesel supply contract regarding items 13, 18, 30 and 34 of Lot 1 of the 17th biodiesel auction.2) Accordingly, on April 8, 2010, the Honorable Judge Erico Teixeira Vinhosa Pinto of the 7th Federal Court of the State of Rio de Janeiro partially granted the claim made by the Company, as follows:"In view of the foregoing, I PARTIALLY GRANT THE INTERLOCUTORY RELIEF and order that the National Petroleum, Natural Gas and Biofuel Agency:1) immediately suspend the effects of the decision that disqualified the plaintiff and abstain from adjudicating items 13, 18, 30 and 34 from Lot 1 of the 17th biodiesel auction - electronic session 11/2010 to any other bidder until the subsequent decision is issued by this Court;2) provide information on the situation of the auction scheduled for April 5, 2010, as well as on any adjudication of the object to another bidder.

If it has practiced adjudication or proceeded with the auction process, it should suspend said acts and inform them to this Court.3) clarify if the plaintiff would be considered the winner of this auction process if it were to participate only in Lot 2, as claimed.I give the defendants a period of 5 (five) days, independent of the period for appealing this decision and responding to the suit, to formulate a claim for reconsideration, presenting for said purposes the elements that support the claim.Serve process upon defendant.

Publish and notify.

Urgent."The Company clarifies that the judges decision does not constitute an order to execute the biodiesel sale contracts for the abovementioned lots with Petrobras, since it is not a final decision of the suit.The Company further informs that in another lawsuit, the Honorable Appellate Judge Benedito Gon�alves of the 1st Panel of the Superior Court of Justice continues to analyze the claim for a preliminary injunction requesting the suspension of the effects from the revoking of the Social Fuel Seal ordered by the Minister of the Ministry of Agrarian Development.The Company, in compliance with the regulations of the Securities and Exchange Commission of Brazil (CVM) and of the Novo Mercado Special Corporate Governance Segment, will keep shareholders and the market informed of any material developments involving the Company through the BM&FBovespa - Securities, Commodities and Futures Exchange, the CVM and the companys investor relations website (www.brasilecodiesel.com.br/ri).��������������������BRASIL ECODIESEL IND�STRIA E COM�RCIO DE BIOCOMBUST�VEIS E�LEOS VEGETAIS S.ACharles Mann de ToledoInvestor Relations Officer��Contact:Renato ParentoniInvestor RelationsPhone.: +55 (21) 2546-5031Fax.: +55 (21) 2546-5040E-mail : : www.brasilecodiesel.com.br/ir��



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