Important legal victory for the “Nera Velino” BIM consortium in the proceedings against Enel Hydro Appennino Centrale srl

Important legal victory for the “Nera Velino” BIM consortium in the proceedings against Enel Hydro Appennino Centrale srl
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We receive and publish the note from the mandatory Consortium of the Reatini Municipalities of the Montano Imbrifero Basin (BIM) “Nera Velino”

The president of the mandatory Consortium of the Reatini Municipalities Bacino Imbrifero Montano (BIM) “Nera Velino”, Eng. Emiliano Salvati, announces an important legal victory obtained in the legal proceedings against Enel Hydro Appennino Centrale Srl (previously known as Erg Hydro Srl), with a ruling n. 1469 issued on 1 March 2024 by the Superior Court of Public Waters of Turin.

This judicial decision recognized the right of the “Nera Velino” BIM Consortium to pay the unpaid hydroelectric surcharges for the years from 2016 to 2020, condemning Enel Hydro Appennino Centrale Srl to pay 6,389,406.08 euros. This result represents a significant recognition of the Consortium’s commitment to protecting the territory’s water resources and correctly remunerating the use of public water for energy purposes.

The President of the “Nera Velino” BIM Consortium, Emiliano Salvati, Mayor of Micigliano, together with the members of the Board of Directors, Danilo Imperatori (Vice President), Mayor of Belmonte in Sabina; Tamara Serani, Councilor of Cittaducale; Giulia Cicolani, Councilor of Poggio Moiano and Renzo Zanelli, Councilor of Varco Sabino and the Secretary of the Consortium, Dr. Marco Matteocci, expressed great satisfaction for this success, underlining the importance of the sentence as confirmation of the right to fair remuneration for the use of water resources.

The recovery action of the additional fees was also made possible thanks to the important contribution of the technical study of the Engineers Francesco Tagliente, Andrea Selleri and Mauro De Matteis, whose analysis and evaluation work provided the solid foundations for the defense of the positions of the Consortium in registered office.

Although the ruling was welcomed, the Consortium decided to appeal the parts of the decision deemed unsatisfactory, in order to pursue even broader protection of its rights and interests. For this purpose, the lawyer has been appointed. Laura Formentin of the law firm Finocchiaro Formentin Saracco e Associati, who also followed the Consortium in the first instance of the proceedings, to represent the Consortium in the appeal action.

In addition to this significant legal milestone, the “Nera Velino” BIM Consortium wishes to highlight other important successes relating to the recovery of hydroelectric surcharges.

The Consortium has already recovered an amount equal to €26,804.22 from the company ATIFER srl for the additional fees deriving from the hydroelectric plant on the Velino River, “Giorlandina” locality of the Municipality of Rieti and from the Edison Spa company, by way of additional riparian fees for the Pentima plant, equal to €609,245.54, including the portion relating to the year 2023 and the arrears of the previous five years (2018-2022).

The “Nera Velino” BIM Consortium remains firmly committed to the defense of the territory’s water resources and will continue to work to ensure that water management is carried out with respect for the environment and local communities.

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