In recent days, the Gestore dei Servizi Energetici (GSE) of Italy, has sent invoices to owners of photovoltaic plants under Conto Energia (CE, photovoltaic-electricity bill - Is the incentive mechanism of production from solar photovoltaic energy,) with a capacity exceeding 20 kWp, applying Article 15-bis of Decree Law 4/2022. This measure has taken many operators by surprise, as the European Court of Justice has yet to rule on the issue. 6a3x51

An unacceptable measure, says Italia Solare 1p5a43

Italia Solare has described this decision as "unacceptable" and "hasty." Paolo Rocco Viscontini, president of the association, criticised the GSE for not waiting for the European Court’s ruling, which could challenge the appropriateness of the base tariff defining 'excess profits' (extraprofitti, in Italian.) According to the Advocate General of the European Court, the tariff should ensure investment signals and cover operational costs. However, the thresholds set in DL 4/2022 (between €56 and €61/MWh, and €75/MWh in Sicily) are well below the €180/MWh limit proposed by the European Commission.

Extremely short payment deadline 3d6o

Plant owners have received a payment notice with only seven days to comply, creating severe financial difficulties. Many of these plants, built between 2006 and 2013, were financed with multi-million euro investments based on sale tariffs of between €100 and €120/MWh. For years, energy prices have been below €60/MWh, even reaching €20-30/MWh in 2020 due to the pandemic. The financial recovery seen in 2022 has been disrupted by this decree, which sets excessively low thresholds and exacerbates the impact of previous measures such as the Spalmaincentivi Decree.

Legal actions underway 4g2x5s

Many producers have opted to pay in the hope of future reimbursement, while others have taken legal action. Italia Solare has ed nearly 500 producers in their appeal to the Regional istrative Court (T.A.R. in Italian) of Lombardy, which ruled in their favour with judgment no. 357/2023. However, the case has been appealed to the Council of State, and the final resolution depends on the European Court’s verdict.

Additionally, Italia Solare warns that the GSE’s calculations may be incorrect, as they do not take into certain operational costs or amounts already paid. The uncertainty and lack of dialogue have heightened tensions in the sector and could lead to a new wave of litigation.

Request for tariff review and payment deferral 4w564b

In a recent meeting with the GSE, Italia Solare requested an extension of payment deadlines and more time to complete questionnaires on the method of energy transfer. The European Court is expected to issue its ruling in April, which could significantly change the scenario.

Furthermore, the association has sent a communication to the Ministry of Economy and Finance (MEF) and the Ministry of the Environment and Energy Security (MASE), urgently requesting a review of the tariff threshold and the implementation of measures to mitigate the financial impact on sector operators. According to Italia Solare, such retroactive measures undermine investor confidence in the photovoltaic sector, potentially leading to higher tariffs in future auctions, increasing energy costs for the public.

Finally, Italia Solare reiterates its commitment to ing producers and taking legal action to ensure the economic sustainability of photovoltaic plants in Italy, preventing unjust penalties that threaten the sector’s development.