Il Tirreno

"Gatx Company è convinta che Gatx Rail Austria e le sue imprese abbiano agito diligentemente e propriamente con rispetto agli standards legali e industriali applicabili". Così si legge nella relazione dell'ultimo quadrimestre la multinazionale americana, relazione sullo stato delle indagini e gli sviluppi giudiziari legati al disastro ferroviario del 29 giugno a Viareggio. E così scrive in riferimento all'accusa della Procura di Lucca la quale sostiene che la rottura dell'asse era individuabile al momento dell'ultima ispezione subita all'interno dell'officina Jungenthal di Hannover, consociata Hatx. La Compagnia - continua la relazione - ha messo in campo le proprie assicurazioni ma non è in grado di "predire l'esito finale dei provvedimenti legali in corso e di altri procedimenti che potrebbero essere avviati contro Gatx Rail Austria o il suo personale. Perciò non può essere ragionevolmente stimato l'ammontare o il range della perdita, incluse le spese legali totali in relazione con l'incidente".

Di seguito pubblichiamo l'estratto della relazione della multinazionale:

NOTES TO THE CONSOLIDATED FINANCIAL STATEMENTS (UNAUDITED) (Continued)

Viareggio Derailment
On June 29, 2009, a train consisting of fourteen liquefied petroleum gas (“LPG”) tank cars owned by GATX Rail Austria GmbH (an indirect subsidiary of the Company, “GATX Rail Austria”) and its subsidiaries derailed while passing through the city of Viareggio, Italy. Five tank cars overturned and one of the overturned cars was punctured by a peg or obstacle along the side of the track, resulting in a release of LPG, which subsequently ignited. Thirty-two people died and others were injured in the fire, which also resulted in property damage. The LPG tank cars were leased to FS Logistica S.p.A., a subsidiary of the Italian state-owned railway, Ferrovie dello Stato S.p.A (the “Italian Railway”). On June 28, 2012, the Public Prosecutors of Lucca (“Public Prosecutors”) formally notified GATX Rail Austria and two of its subsidiaries (collectively, “GRA”), as well as several maintenance and supervisory employees (the “Employees”), that they have concluded their investigation of the Viareggio accident and intend to charge GRA and the Employees with various negligence-based crimes related to the accident, all of which are punishable under Italian law by incarceration, damages and fines. Similar notices were issued to, among others, four Italian Railway companies and eighteen of their employees. The Public Prosecutor’s report asserts that a crack in one of the tank car’s axles broke, causing the derailment and resulting in a tank car rupture and release of LPG, after the car hit an obstacle on the side of the track placed there by the Italian Railway. The report alleges that the crack was detectible at the time of final inspection but was overlooked by the Employees at the Jungenthal Waggon GmbH workshop (a subsidiary of GATX Rail Austria). The Company believes that GRA and its Employees acted diligently and properly with respect to applicable legal and industry standards and will present numerous scientific and technical defenses to the Public Prosecutor’s report in the forthcoming proceedings. With respect to claims for personal injuries and property damages, the Company and its subsidiaries maintain insurance for such losses, and the Company’s insurers are working cooperatively with the insurer for the Italian Railway to adjust and settle these claims. These joint settlement efforts have resolved the majority of asserted civil damage claims related to the accident, and joint efforts to resolve the remaining civil claims are ongoing. The Company cannot predict the outcome of the foregoing legal proceedings or what other legal proceedings, if any, may be initiated against GRA or its personnel, and, therefore, the Company cannot reasonably estimate the amount or range of loss (including defense costs), if any, that may ultimately be incurred in connection with this accident. Accordingly, the Company has not established any accruals with respect to this matter.