Spalma incentivi: various operators’ claims against the implementing decrees allowed

Prepared by Energy Team

By ordinances no. 00961/2021, 00951/2021, 00948/2021 e 00952/2021 issued on January 25, 2021, the Regional Administrative Courts of Lazio admitted the claims – submitted by several companies operating in the renewable energy sector, in their capacity as claimants – to oppose the related decrees of perenzione of the proceedings before the administrative court.

The appellants applied to the Regional Administrative Courts of Lazio in relation to the revocation of, in the context of the Law Decree 91/2014, the “Spalma-Intentivi”, of two implementing acts and in particular the Ministerial Decree issued on October 16, 2014 and the Ministerial Decree issued on October 17, 2014.

The relevant judgments were declared cancelled in October 2020 due to the alleged expiry of the five-year limitation period.

By motion of opposition set forth under article 85, paragraph 3, of the Code of Administrative Procedure, the appellants requested the revocation of the presidential decree of “perenzione” issued by the court for each of the pending proceedings, on the assumption that the term of 180 days for the filing of the relevant application for the setting of the hearing had not expired by virtue of the period of extraordinary suspension of procedural deadlines – between March 8, 2020 and April 15, 2020 – provided for under article 84, paragraph 1, of Law Decree no. 18/2020, the so-called “Cura Italia Decree“.

The judge therefore fixed the court hearing of the relevant cases.

Therefore, the long-standing dispute concerning the implementation measures of the “Spalma-incentivi” decree is reopened, after the Supreme Court of Cassation and the Court of Justice confirmed the legitimacy of the aforementioned Decree-Law 91/2014 and, in any case, after the mixed results of the international arbitrations carried out on this point.

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