30.01.2024

New GSE regulation: specified violations resulting in incentive forfeiture and defined percentage reductions applicable in case of controls on operating RES plants

The new regulation of the Gestore Servizi Energetici (GSE), published on its official website on December 22, 2023, represents a significant novelty that clarifies the violations leading to the forfeiture…

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23.01.2024

Energy Decree: first step for the development of the offshore wind industry

What Happened The recently enacted Decree Law no. 181/2023 (“Energy Decree”) introduced an important innovation regarding the development of the offshore wind plants industry chain. In fact, it is…

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18.01.2024

Lazio Regional Administrative Court: obligation to notify rejection in accordance with art. 10-bis of Law No. 241/1990 for GSE’s denial measures following a request for review under art. 42, para. 3 of Legislative Decree No. 28/2011 and art. 56, paras. 7

With judgement No. 19716/2023, the Lazio Regional Administrative Court (Section III-ter) upheld the appeal against the GSE's denial decision regarding a request for review lodged by the claimant company…

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22.12.2023

The new "Energy Release" and the long-term corporate PPAs

On November 27, 2023, the Council of Ministers approved the so-called “Energy Decree” containing “urgent provisions for the Country’s energy security, promotion of the recourse to renewable sources,…

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22.12.2023

Italian Supreme Administrative Court rules on Superintendence’s denial of photovoltaic installations in restricted areas

Council of State - Judgement no. 9778/2023 What happened? The Italian Supreme Administrative Court (Division VI, judgment no. 9778/2023) issued a judgement regarding the powers of the Superintendence…

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21.12.2023

Supreme Administrative Court: for photovoltaic systems on greenhouses agricultural activity on the entire area and for the entire duration of the incentive is required

In Judgments nos. 10811 and 10812/2023, the Supreme Administrative Court legitimized the GSE’s actions, overturning the decision rendered by the Lazio Regional Administrative Court (nn. 834 and 835/2021),…

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05.12.2023

The CGA clarifies: for authorizations under Article 12 of Legislative Decree. No. 387/2003 the commencement of construction works within 3 years from the issuance of the title and extension (ipso iure) of 2 years for start and completion of works for titl

In Advisory Opinion no. 464/2023, rendered at the outcome of the Sectional Meeting of November 21, 2023, the Council of Administrative Justice for the Sicilian Region (CGA), at the request of the Regional…

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24.11.2023

The agovoltaic incentive decree

Introduction The above Decree (“MASE Decree”), approved by the EU Commission on November 10, 2023, is intended to regulate incentives for Agrovoltaic Plants (“AV”). Its entry into force, provided for in…

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15.11.2023

Draft "Energy Decree": new contribution to be paid by producers of fer plants

What is happened As part of the latest draft of the so-called “Energy Decree” awaiting discussion in the Council of Ministers, the establishment of an “Environmental and Territorial Compensation and…

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03.11.2023

The new regulation for energy-intensive industries

Decree Law No. 131 of 29 September 2023, «Urgent measures on energy, actions to support purchasing power and to protect savings» was published in the Official Gazette (“Decree Law No. 131/2023”) and is…

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05.10.2023

Draft Decree Implementing Legislative Decree 199/2021 on Suitable Areas

Introduction This document aims to provide a summary of the regulations on identification of suitable areas included in the draft decree implementing Legislative Decree 199/2021 and addresses the…

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14.10.2022

Contracts of dispatchment and Creditor self-protection

Relevant references to identify the legislation or ruling being discussed: Legislative Decree no. 79/1999, Articles 1460-1461 Italian Civil Code (ItCC), Deliberation no. 398/2021/R/EEL What happened?…

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