L&B Partners at TAR Lazio on extension of authorisation and expropriation deadlines

L&B Partners Avvocati Associati represented Luminosa Energia in proceedings before the TAR Lazio concerning the extension of authorisation and expropriation deadlines for the construction of a combined‑cycle gas power plant in Benevento. By judgment No. 21589/2025, published on 1 December 2025, the Third Section of the TAR Lazio dismissed an appeal filed by two companies seeking annulment of the Ministry of Environment and Energy Security decree No. 55/3/2025 PR of 3 February 2025. That decree had extended the deadlines for commencement of works relating to the construction of Luminosa Energia’s combined‑cycle gas‑fired thermoelectric plant, characterised by an approximate thermal capacity of 680 MW and an electrical capacity of approximately 385 MW. The court found the extension of the single authorisation to be lawful, observing that the need to adapt the plant to Best Available Techniques (BAT) — a requirement linked to specific regulatory references — arose from delays attributable to ongoing litigation. The TAR noted that any objections by the appellants concerning the continuing validity of the Environmental Impact Assessment (VIA) and the Integrated Environmental Authorisation (AIA) are matters to be resolved within separate pending proceedings. Regarding expropriation, the court held that the deadline for expropriation exists only insofar as the declaration of public utility is provided within the authorising instrument for the works. Because of the close functional link between that declaration and the authorised activity, the time limits for expropriations are functionally connected to those for the works and must follow their fate, including any conditions or extensions. The court warned that separating the authorisation and expropriation activities would create the concrete and unnecessary risk that, if one were annulled, the other could persist as an unauthorised occupation of third‑party property rather than as the execution of a legitimate expropriatory power. L&B Partners Avvocati Associati represented Luminosa Energia with a team composed by: Bartolo Cozzoli, Partner and head of the administrative law department.

L&B Partners at TAR Lazio on extension of authorisation and expropriation deadlines

Read the full story

Cookie Preferences

Strictly Necessary

Analytics & Statistics

Marketing & Ads