Jurisdiction(s):
United Kingdom

England and Wales High Court orders Tecnimont to disclose emails with Italian sanctions authority in €212m EuroChem bond dispute, finding no real risk of prosecution

Published on: 18 June 2025

Published by a Law360 reporter

Legal News

Article summary

High Court judge Robert Bright directed Tecnimont to disclose its communications with Italy’s sanctions authority, dismissing the contention that compliance would in any way contravene Italian law.

Bright J observed that Italian law recognises “the necessity for confidential documents to be provided for litigation where significant rights are engaged”, which is both pertinent and material because, under English law, disclosure is required unless there is a genuine risk of prosecution.

“I am satisfied there is no real risk that Tecnimont will face prosecution in Italy, and that the significance of the document to the issues at trial means it must be produced,” he said.

Bright J also rejected Tecnimont’s claim that any material in the document would be of “limited value”, calling that “an invitation to conjecture”.

“I cannot rule out that the messages exchanged might contain something important,” the judge added. “The only way to resolve that issue is to read them.”

The underlying claim concerns fertiliser producer LLC EuroChem North-West-2 suing France’s Société Générale SA and Dutch lender ING Bank NV. The fertiliser company said that when it tried to proceed further...

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