An Unappealable Decision
The Supreme Court has issued a historic verdict confirming the conviction of a temporary Union of Companies formed by OHL (now OHLA) and Guinovart Hispania, together with the insurers Generali, HDI and AIG Europe. They must pay Renfe a significant sum of 13.4 million euros.
The Circumstances of the Case
The events date back to October 20, 2007, when a collapse affected the Gornal tunnel, causing rail traffic to stop for 42 days in Hospitalet de Llobregat (Barcelona). This incident was the result of execution work for the Madrid-Barcelona high-speed line carried out by the two construction companies, OHLA and Guinovart Hispania.
The Supreme Decision
The judgment highlights that, despite the precautionary stoppage agreement adopted by Adif, construction companies and insurers are not exempt from responsibility for the damage caused. Adif’s board of directors declared the UTE responsible for damages on October 30, 2009.
Reactions and Consequences
The resolution of the sentence has generated various reactions. The condemned companies have had their appeals dismissed, while Renfe has recognized its claim for damages. This decision sets an important precedent for the construction and insurance sector.