Norton Rose Fulbright secures court win for MAG Abruzzo
Italia | Press release | April 2022
Global law firm Norton Rose Fulbright has successfully advised – both in the precautionary phase and in the merit phase – MAG Abruzzo, a company of Marseglia Amaranto group, in the litigation proceeding started by the local municipality before the Regional Administrative Court of L’Aquila for the annulment of the single authorisation issued by the Abruzzo Region for the construction of a photovoltaic plant.
The ruling issued by the Regional Administrative Court of L’Aquila, which rejects the claim filed by the municipality, offers an important interpretative aid regarding the authorisation procedure for the construction of renewable energy plants, maintaining, inter alia, that: (i) any environmental and landscape complaints of the local municipality are inadmissible if not formulated in the context of an appeal against the environmental compatibility judgment; (ii) during the conference of authorities, belated and generic grievances by the local municipality must be considered such as deemed-consent; (iii) the preventive verification of the archaeological interest is not a condition for the issuance of the single authorisation; (iv) the local municipality shall not forbid the installation of photovoltaic plants within its entire municipal area; and (v) when balancing environmental and landscape interests with the renewable energy interests, public authorities shall give priority to the public interest to the construction of new renewable energy production plants as preferred by state and Euro-unit legislation, even more so in the current international geopolitical scenario.
Counsel Ginevra Biadico commented: “This is one of the first rulings stating that the energy transition should be accelerated even more in the current geopolitical scenario. We hope that the principles set out by the Court in accordance with our arguments may guide public authorities in fostering the development of renewable energy plants”.
The team, led by Milan-based partner Luigi Costa, included Counsel Ginevra Biadico and associate Silvia Lazzati.
The ruling issued by the Regional Administrative Court of L’Aquila, which rejects the claim filed by the municipality, offers an important interpretative aid regarding the authorisation procedure for the construction of renewable energy plants, maintaining, inter alia, that: (i) any environmental and landscape complaints of the local municipality are inadmissible if not formulated in the context of an appeal against the environmental compatibility judgment; (ii) during the conference of authorities, belated and generic grievances by the local municipality must be considered such as deemed-consent; (iii) the preventive verification of the archaeological interest is not a condition for the issuance of the single authorisation; (iv) the local municipality shall not forbid the installation of photovoltaic plants within its entire municipal area; and (v) when balancing environmental and landscape interests with the renewable energy interests, public authorities shall give priority to the public interest to the construction of new renewable energy production plants as preferred by state and Euro-unit legislation, even more so in the current international geopolitical scenario.
Counsel Ginevra Biadico commented: “This is one of the first rulings stating that the energy transition should be accelerated even more in the current geopolitical scenario. We hope that the principles set out by the Court in accordance with our arguments may guide public authorities in fostering the development of renewable energy plants”.
The team, led by Milan-based partner Luigi Costa, included Counsel Ginevra Biadico and associate Silvia Lazzati.