Court annuls GSE reduction of Conto Energia incentives for ESI II photovoltaic plant

"Lipani Legal&Tax represented ESI II before the TAR Lazio and secured annulment of the GSE’s decision to reduce Conto Energia incentives for an ESI II photovoltaic plant. The court found the GSE had not conducted an independent reassessment, relied on matters already settled in criminal proceedings, and that the 10% tariff cut was disproportionate."

Lipani Legal&Tax represented ESI II in an administrative appeal challenging a measure adopted by the Gestore dei Servizi Energetici (GSE) that reduced Conto Energia incentives for a photovoltaic plant owned by ESI II. The Regional Administrative Court of Lazio (TAR Lazio), with judgment no. 19505 of 4 November 2025, annulled the GSE’s provision. The court accepted the arguments presented by Lipani Legal&Tax that the GSE had effected a declassification of the Conto Energia without conducting a fresh inquiry and had based its decision on elements that had already been examined and definitively resolved in criminal proceedings. The judges further held that the alleged technical irregularities identified by the GSE did not satisfy the proportionality test and were insufficient to justify a 10% reduction of the incentive tariff. The ruling, the firm stated, reaffirms the GSE’s obligation to base any reduction of incentives on an autonomous, complete and non-duplicative assessment relative to prior proceedings, thereby strengthening safeguards for operators in the photovoltaic sector. Lipani Legal&Tax represented ESI II with a team composed by: senior partner Rino Caiazzo (administrative and energy law) and lawyer Enrico Di Tomaso (administrative and energy law).

Court annuls GSE reduction of Conto Energia incentives for ESI II photovoltaic plant

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