With Decision No. 740 of 19 December 2025, the Sicilian Regional Administrative Court provided important clarifications for the renewable energy sector.
The ruling originates from an appeal against the refusal to grant an extension pursuant to Article 10-septies of Decree Law No. 21/2022 (also known as the “DL Ucraina”), based on (i) failure to meet the deadline for the start of works authorised in PAS and (ii) non-compliance of the project with the new urban plan adopted.
The Court clarified that:
pursuant to Article 10 septies of Decree Law No. 21/2022, “the extension constitutes a mandatory act and does not require formal approval by the proceeding authority” (see TAR Campania, Salerno, Section II, 17 October 2025, No. 1701) upon the occurrence of the strictly prescribed conditions, including that the deadline to be extended has not expired and that “the authorisations are not in conflict, at the time of notification by the subject, with new urban planning instruments approved”;
for works that can be authorised with a PAS (generally assimilated in case law to a SCIA), there is no deadline for the start of works under Article 6 of Legislative Decree 28/2011, while it is required that they be completed within three years of their finalisation;
the mere “adoption” of an urban planning variation (not yet approved) that conflicts with the authorisation already issued is not sufficient to prevent the extension of the authorisation itself ex lege.
This is clearly a ruling of considerable importance, especially in light of the significant practical and economic implications for players in the sector, as it clarifies fundamental aspects – which until now have remained uncertain – that are destined to have a concrete impact on projects currently under development.
We are now waiting for the hearing, scheduled for 18 June.
