Chiomenti assists the Federative Republic of Brazil that wins appeal against Italplan

Chiomenti Studio Legale assists the Federative Republic of Brazil which wins appeal against Italplan at the Court of Cassation

The Federative Republic of Brazil, assisted by Chiomenti, finally sees the light in a long-running case that has seen it exposed to hundreds of millions of Euros (over 400 million, including interest) to an Italian company Italplan Engineering Enviroment & Transports S.p.A., (now bankrupt).

Italplan, after two refusals by the judges in Arezzo, managed to obtain an injunction against Brazil, ordering it to pay about EUR 250,000,000, plus interest and costs.

The judgment referred to in the injunction seemed to have become final and uncontroversial, and was confirmed by the Arezzo Court and the Florence Court of Appeal. Brazil, however, continued to contest and its arguments were finally recognized by the Court of Cassation.

Chiomenti’s lawyers, with a team composed of Prof. Andrea Giardina and partner Andrea Bernava (pictured left), lawyer Monica Curcuruto (pictured right), partner Silvio Martuccelli and associate Andrea Sarcinelli, successfully argued that non-compliance with the Bilateral Agreement between Italy and Brazil rendered the notification of the decree non-existent with the consequent ineffectiveness of the decree itself.