L&B Partners Prevails at TAR Lazio in Dispute Over Incentives for Electricity from Bioliquids

L&B Partners Avvocati Associati STA SpA represented Ital Green Energy S.r.l. in proceedings against GSE (Gestore dei Servizi Energetici). The dispute concerned a communication from GSE that had rejected Ital Green Energy’s request for a conguaglio (adjustment) of incentives for the production of electricity from sustainable bioliquids. By judgment no. 22523/2025, published on 12 December 2025, the TAR Lazio (Third Section) upheld the appeal brought by Ital Green Energy S.r.l. and annulled the GSE communication as illegitimate. In its reasoning the court preliminarily clarified that the communication challenged had the character of an administrative measure. The court found that, by rejecting the applicant’s request to integrate the incentive, the communication assumed a prejudicial connotation for the appellant and thereby defined the relevant control procedure, a circumstance capable of causing an actual prejudice to the company’s legitimate interest. The TAR Lazio further held that there is no statutory impediment preventing the company from turning to a different certification body than the one originally appointed in order to obtain a fresh assessment and the sustainability certification of the bioliquids pursuant to Ministerial Decree 23 January 2012, in cases where those bioliquids were initially deemed non‑compliant. L&B Partners Avvocati Associati STA SpA represented Ital Green Energy S.r.l. with a team composed by: Bartolo Cozzoli, Partner and head of the administrative law department.

L&B Partners Prevails at TAR Lazio in Dispute Over Incentives for Electricity from Bioliquids

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