Business Context and Reporting Period
This Form 6-K filing by Embraer S.A. covers the month of December 2018, specifically addressing a material legal development reported on December 20, 2018. The filing concerns a Public Civil Action (no. 5031433-18.2018.4.03.6100) filed before the 24th Federal Civil Court of São Paulo against Embraer, the Federal Government of Brazil, Boeing Brasil Serviços Técnicos Aeronáuticos Ltda., and the Brazilian Securities and Exchange Commission.
Financial Metrics
The filing text does not provide a clear value for revenue, profit, cash flow, margins, debt, or liquidity. This report is a disclosure of a material legal fact and does not contain financial performance data.
Material Changes
On December 19, 2018, the judge of the 24th Federal Civil Court of São Paulo issued a preliminary decision granting a provisional measure. This measure suspends "any action to consummate the transaction of the transfer of the commercial portion of Embraer" until the parties have had the opportunity to respond to the court.
Outlook, Risks, and Management Commentary
- Management Response: The Company stated it will take all applicable judicial measures to revert the court's decision.
- Future Communication: Embraer committed to keeping shareholders and the market informed of any material developments related to the Public Civil Action.
- Risk: The provisional suspension poses a risk to the timeline and consummation of the transfer of the commercial portion of the company.
Key Facts for Investor Verification
- Verify the status of the Public Civil Action no. 5031433-18.2018.4.03.6100 and the specific grounds for the lawsuit.
- Monitor the timeline for the parties' responses to the court and the subsequent judicial review.
- Assess the potential impact of the suspension on the commercial portion transfer transaction.
- Track any further filings regarding the Company's efforts to appeal or revert the provisional measure.