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    Giovanni Battista De Luca
    ADVANT Nctm - Rome
    Lawyer
    Partner

    Giovanni Battista De Luca

    ADVANT Nctm - Rome
    Lawyer
    Partner

    LANGUAGES

    English / Italian

    Practice Areas

    Energy and Infrastructures - Public Law and Procurement

    Sectors

    Energy and Utilities

    Spotlight

    Renewable Energy

    Contacts

    T : +39 06 6784977

    giovanni.deluca@advant-nctm.com

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    Expertise

    Giovanni B. De Luca has gained significant experience in the field of energy on all matters of Italian and European administrative law, both judicial and extrajudicial.

    Giovanni deals with renewable energy plants, on issues related to the construction, acquisition and financing of plants producing energy from renewable sources both in terms of the complex authorization procedures and related incentive profiles, environmental law, network infrastructure, gas, district heating, waste-to-energy, integrated water systems, energy trading contracts, in PPP (Public Private Partnership) transactions and public procurement in the transportation, telecommunications, pharmaceutical, energy and environment, and utilities sectors while also providing support to public entities.

    Education

    • Law degree, cum laude, LUISS GUIDO CARLI - Libera Università Internazionale degli Studi Sociali, Rome, 2008.
    • Bar Association, Rome, 2013.
    • PhD in 'Domestic and International Arbitration Law' (25th cycle), LUISS GUIDO CARLI, Rome, 2013.

    Publications

    “Feed in tariffs for solar plants”, chapter on Italy, with Rino Caiazzo, published by Sweet & Maxwell
    in: International Energy Law Review (2014) IELR issue 6/14

    Articles

    Italy, electricity grid under pressure: the challenge of saturation between input and output
    Italy is currently facing a twofold challenge with regard to its national electr…
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    Virtual grid saturation: micro-zones and transparent procedures. Potential impacts on current and future development initiatives
    As of April 30th, 2025, the capacity of pending requests for the interconnection…
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    The request for supplementary documentation by the public administration interrupts the forfeiture period for filing an appeal against administrative silence
    With judgments no. 324, 325, and 326 of May 26, 2025, the Regional Administrativ…
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    The rejection of the PAS for projects in suitable areas is unlawful if not properly justified
    With judgment no. 758 of April 29, 2025, the Administrative Court of Lecce reaff…
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    Sicily Regional Administrative Court – Renewable projects: preliminary agreements are sufficient to fulfill the land availability requirement
    With Ordinance No. 1006/2025 dated May 8th, 2025, the Palermo Regional Administr…
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    DL Bollette: what’s new for permitting and environmental proceedings
    The Law Decree No. 19 of February 28th, 2025, converted, with amendments, by Law…
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    All environmental impact assessment (EIA) deadlines are peremptory
    Through its Judgment No. 3465 of April 22nd, 2025, the Council of State returned…
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    [Translate to English:]
    The Council of State reaffirms the delineation between self-defense and forfeiture
    By judgment no. 3264 of 16 April 2025, the Italian Council of State once again a…
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    The Lazio Regional Administrative Court’s (TAR) reversal on the legitimacy of Regional Guidelines for the development of RES plants
    With Decision no. 6969, published on 8 April 2025, in a case brought by a compan…
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    In the matter of expropriation, the term for the transposition of the extraordinary appeal to the court of jurisdiction is reduced
    With rule no. 124, published on March 27, the Regional Administrative Court of E…
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    Significant clarifications from the MASE on the application of the provisions of the unified renewable energy code
    One of the interpretative doubt that arose from the approval of the TU FER (Legi…
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    The silence of the Ministry of Culture in the EIA procedure is equivalent to silent consent
    With its ruling no. 867 of 4 February 2025, the Council of State returned to rul…
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    A Terna primary electric transformer station can also be considered an “industrial plant”
    With ruling No. 4994 published on March 10, the Lazio Regional Administrative Co…
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    Summary Note on the FER-X Transitional Decree
    1. Purpose and Regulatory Context The FER-X Transitional Decree has been signed…
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    The law converting the Environmental Decree has been approved: all the amendments concerning EIAs and EIA screening
    On 10 December, the law Law Decree No. 153 of 17 October 2024, providing ‘Urgent…
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    The MASE publishes the Operating Rules of the FER 2 Decree
    Last 23 December, the Ministry of the Environment and Energy Security reported i…
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    The Sardinia Region approves the law for the identification of areas and surfaces suitable and unsuitable for the installation and promotion of RES plants
    On 5 December, the Regional Law no. 20 ‘Urgent measures for the identification o…
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    Greenfield: the latest case law
    The following is a review of the most relevant recent rulings on authorization p…
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    In-Depth Note: Unified Renewable Energy Code
    The Council of Ministers, during the meeting on 25 November 2024, approved the U…
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    The Sardinian Moratorium already before the Constitutional Court
    Regional Law no. 5 of 3 July 2024, with which the Council approved the so-called…
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    The Agricultural Law Decree and its impact on the Italian renewable market.
    With this note, we intend to summarize and comment the main provisions of articl…
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    European Commission green light for FER (RES) 2
    On 4 June, the European Commission approved the draft ministerial decree, drawn up by the MASE in agreement with the MASAF, with the aim of promoting the production of electricity from innovative renewable…
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    The new draft of the Ministerial Decree “FER X”: relevant changes and main novelties
    Introduction A new draft of the Ministerial Decree of the Ministry of the Environment and Energy Security (the so-called “FER X” and, hereinafter also, the “Decree”), implementing Articles 6 and 7 o…
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    Green light to the conversion of the “D.L. Energia”: the main changes and innovations
    With the final approval by the Senate on January 31, 2024, the process of conversion into law of the Decree Law No. 181/2023 comes to an end. The Chamber of Deputies had already approved the conversion bil…
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    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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    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 un…
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    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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    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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