Cleary Gottlieb represented Trenitalia in a reaffirmation of the importance of the Ethical Code before the Rome Tribunal.
By order issued on September 12, 2018, the Rome Tribunal dismissed the claims brought by a leading insurance company Italiana Assicurazioni, stating that Trenitalia legitimately enforced a first demand guarantee because of the serious violations incurred by a contractor in performing a contract and its fundamental obligations regarding the Ethical Code of the Ferrovie dello Stato Group.
In line with a well-settled approach, the Rome Tribunal reiterated that the Ethical Code bears fundamental importance in contractual relationships with contractors and suppliers of Trenitalia. Therefore, in the event of violations, Trenitalia can terminate these contractual relations and enforce the related guarantees.