SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported): January 2, 2013
CENTRAL EUROPEAN DISTRIBUTION CORPORATION
(Exact Name of Registrant as Specified in Charter)
(State or Other Jurisdiction
3000 Atrium Way, Suite 265
Mount Laurel, New Jersey
|(Address of Principal Executive Offices)||(Zip Code)|
(Registrants telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
|¨||Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)|
|¨||Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)|
|¨||Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))|
|¨||Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))|
|Item 3.01.||Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.|
On January 2, 2013, Central European Distribution Corporation (the Company) received a Staff Determination letter from the Listing Qualifications Department of The NASDAQ Stock Market LLC (Nasdaq) stating that the Company was not in compliance with Listing Rules 5620(a) and 5620(b) which require the Company to hold its annual general meeting of shareholders within one year of December 31, 2011 and to distribute a proxy statement and solicit proxies for that meeting. As a result, Nasdaq staff have determined to initiate procedures to delist the Companys securities from the NASDAQ Stock Market. The letter also stated if the Company does not request an appeal of the staff determination to a Nasdaq Listing Qualification Panel (the Panel), trading of the Companys common stock will be suspended at the opening of business on January 11, 2013, and Nasdaq will file a Form 25-NSE with the United States Securities and Exchange Commission to remove the Companys securities from listing and registration on the Nasdaq Stock Market.
The Company intends to appeal the staff determination and to hold its annual general meeting of shareholders as soon as practicable. Although there can be no assurance that the Panel will grant the Companys request for continued listing, the appeal will stay the delisting of the Companys stock from The Nasdaq Global Market pending the Panels decision.
Pursuant to the requirements of the Securities Exchange Act of 1934, Central European Distribution Corporation has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|By:||/s/ Bartosz Kolacinski|
|Interim Chief Financial Officer|
Date: January 7, 2013