Administrative, Energy from renewable sources, Agreement with GSE, Council. State, Section II, 23 October 2024, Judgment no. 8497
Incentives for the production of energy from renewable sources and obligation of “in transit” companies to sign the agreement with GSE
ELECTRICITY AND ENERGY IN GENERAL – RENEWABLE ENERGY – INCENTIVES – GREEN CERTIFICATES – INCENTIVE TARIFFS – AGREEMENT WITH THE ENERGY SERVICES MANAGER
In the context of the replacement of a national support regime for electricity produced from renewable sources based on quotas of such electricity to be injected into the national grid and on the granting of green certificates to companies that produce said electricity (provided for by the legislative decree of 16 March 1999, n. 79 and by the decree of 11 November 1999 of the Minister of Industry, Commerce and Crafts) with a national support scheme for electricity based on the granting of incentive feed-in tariffs (pursuant to the legislative decree of 3 March 2011, n. 28 and the decree of 6 July 2012 of the Minister of Economic Development), the benefit of the latter regime is subject to the stipulation of an agreement regarding the conditions for granting this support between the company and the energy services manager (GSE).
This requirement contained in the art. 21, paragraph 8, of this decree of 6 July 2012 also applies to companies “in transit” which, taking into account the date of entry into operation of their plants, benefited from the national support regime based on quotas and the granting of green certificates.
Compliant: Cons. State, sec. II, 16 November 2022, n. 10093; November 15, 2022, n. 9981; 7 November 2022, n. 9744; section IV, 31 July 2020, n. 4881; 20 July 2020, n. 4640.
The ruling was made in the context of the proceedings in which the preliminary question defined by the ruling of the EU Court of Justice, section. VII, 27 June 2024, C-148/23, Gestore dei Servizi Energetici SpA – GSE (subject of News UM n. 72 of 2024).
ELECTRICITY AND ENERGY IN GENERAL – RENEWABLE ENERGY – INCENTIVES – GREEN CERTIFICATES – INCENTIVE TARIFFS – AGREEMENT WITH THE ENERGY SERVICES MANAGER
The agreements stipulated with the energy services manager (GSE) appear to be private law negotiations ancillary to the provisions for granting incentives and constitute regulatory tools aimed at achieving the objective of encouraging alternative energy sources.
It is unreasonable to exclude the use of the same with reference to “transited” subjects who were already holders of a valid incentive instrument, even if superseded by the new legislation.
Compliant: Cons. State, sec. II, 15 November 2022, n. 9981; section VI, 31 July 2020, n. 4881; 20 July 2020, n. 4640; Constitutional Court, 24 January 2017, n. 16.
Source Administrative Justice
