Hitachi Rail Italy spa, the Italian division of the Japanese giant, has secured a historic legal victory against Trenitalia, the primary train operator in Italy, thanks to an Orrick litigation team in Italy.
In reversing an established case law of the Court of Rome, the Rome Court of Appeal has recognized Hitachi’s right to revise prices for tens of millions of Euros – a right denied by Trenitalia – regarding the supply and maintenance of over 500 double-decker trains.
The case is one of the most important in Italy, involving a complex issue of interpreting contractual clauses. All the major international manufacturers and suppliers of trains – some of which Orrick also represents – will benefit from the decision: until now, due to an incorrect interpretation supported by Trenitalia, manufacturers and suppliers had been denied the right to increase contract prices in relation to the official revaluation indexes of Istat (the Italian National Institute for Statistics).
Hitachi, which acquired the Italian train-making company Ansaldo Breda from Finmeccanica, supplies the Frecciarossa, Vivalto, Intercity trains, trams and subway systems in Italy as well as around the world.