UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
_______________________
FORM
6-K
REPORT
OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 or 15d-16
UNDER
THE SECURITIES EXCHANGE ACT OF 1934
_______________________
Date
of Report: December 10, 2009
CEMEX, S.A.B. de
C.V.
(Exact
name of Registrant as specified in its charter)
CEMEX Publicly Traded Stock
Corporation
(Translation
of Registrant's name into English)
United Mexican
States
(Jurisdiction
of incorporation or organization)
Av.
Ricardo Margáin Zozaya #325, Colonia Valle del Campestre
Garza García, Nuevo León, México
66265
(Address
of principal executive offices)
Indicate
by check mark whether the registrant files or will file annual reports under
cover Form 20-F or Form 40-F.
Form
20-F X Form
40-F ___
Indicate
by check mark whether the registrant by furnishing the information contained in
this Form is also thereby furnishing the information to the Commission pursuant
to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes
____ No
X
If
"Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b):
N/A
Contents
On December 9, 2009, the Polish
Competition and Consumer Protection Office delivered to CEMEX Polska Sp. ZO.O,
or CEMEX Polska, an indirect subsidiary of CEMEX, S.A.B. de C.V. located in
Poland, its decision against Polish cement producers related to an investigation
which covered a period from 1998 to 2006. The decision imposes fines on a number
of Polish cement producers, including CEMEX Polska. The fine imposed on CEMEX
Polska is Polish Zloty 115 million (approximately U.S.$40.5 million), which is
10% of CEMEX Polska’s total revenue in 2008. CEMEX Polska disagrees with the
decision, denies any wrongdoing and intends to initiate an appeal before the
Polish Court of Competition and Consumer Protection within 14 days of December
9, 2009. The decision will not be enforced until all appeals are
exhausted.
This
report on Form 6-K contains forward-looking statements and information that are
necessarily subject to risks, uncertainties, and assumptions. Many
factors could cause future events to be materially different from
those expressed or implied in this release. Should one or more of these risks or
uncertainties materialize, or should underlying assumptions prove incorrect,
actual events may vary materially from those described herein. CEMEX assumes no
obligation to update or correct the information contained in this report on Form
6-K.
SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, CEMEX, S.A.B. de
C.V. has duly caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
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CEMEX,
S.A.B. de C.V.
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(Registrant)
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Date:
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December
10, 2009
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By:
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/s/ Rafael
Garza
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Name:
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Rafael
Garza
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Title:
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Chief
Comptroller
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