Italian Constitutional Court

By Cesare Milani

On December 7, 2016 the Italian Constitutional Court (the “Constitutional Court”) rejected the appeal filed by four solar energy operators against Art. 26, paragraphs 2 and 3 of Italian Law Decree no. 91, dated June 24, 2014, (the “Decree”, so-called “Spalma-Incentivi” Decree), (introduced in 2014 by the Prime Minister Matteo Renzi’s government). The Decree changed the state incentives scheme applicable to the renewable energy sector, with retrospective effect. As a result, the number of years over which the state incentives to solar plants with a capacity of more than 200Kw are spread out, increased.

The Constitutional Court declared the question of constitutional legitimacy concerning the Decree groundless.