PAVIA E ANSALDO WINS BEFORE TAR LAZIO (REGIONAL ADMINISTRATIVE TRIBUNAL) ON CONSTRUCTION-CONTRIBUTIONS OF PHOTOVOLTAIC PLANTS

Rome, 14 February 2019 – Law Firm Pavia e Ansaldo, with a team made up of Claudio Cera, Nico Moravia, Marco Giustiniani and Tommaso Filippo Massari, successfully assisted a number of companies of the Octopus Inv. Group in the context of five procedures before the Tar Lazio against the Lazio Region and the Municipality of Montalto di Castro. The procedures regarded the enforcement of the payment of royalties (proportionate to the energy produced) and of the contribution to construction and urbanisation charges provided for in the Consolidated Building Law to be borne by the electric power plants from solar sources operating in the municipal area.
The Tar Lazio fully accepted the conclusions of the claimant companies, ascertaining the full exemption of the photovoltaic plants from contributions to construction, urbanisation charges and any other form of royalty. For the first time the judgments clarify an issue, which only appears to be of purely construction nature, but has a very high economic impact on the implementation and development of photovoltaic plants throughout the Italian territory.