Written by
PBVPartners
The
April 29, 2024
In the authorization process, Ammlex – Administrativisti Associati supported Luminosa Energia with lawyers Marta Spaini and Tommaso Sacconaghi.
The company Luminosa Energia, part of the BKW Italia group, has obtained two important successes in two disputes regarding the extension of the terms of effectiveness of the single authorization – issued to Luminosa Energia – for the construction of a natural gas-fired power plant in the province of Benevento of 400 MW.
The Lazio – Rome TAR fully accepted the reasons of the company holding the authorisation, rejecting the two appeals which had contested the ministerial provision to re-determine the terms of effectiveness of the authorisation.
The administrative judge clarified, regarding the impact of the pandemic period on the deadline for starting work on the construction sites of large energy production plants, as “the continuation of an emergency situation, which the legislator himself places as a factor that per se if it determines the extension of certificates, certificates, permits, concessions, authorizations and enabling documents, however named, constitutes a cause of force majeure pursuant to art. 1-quater cited, without the related invocation requiring any particular allegations”.
The TAR then addressed the profile of the consequences, on the effectiveness of the authorization title, of the proposed project modifications, even substantial ones, specifying how these, far from being able to motivate a revocation of the original title, are instead subject to the obligation to consequently update the authorization.
Professionals involved in the operation: Sacconaghi Tommaso – Administrativisti Associati Law Firm; Spaini Marta – Administrativisti Associati Law Firm;
Law firms: Administrativists Associates Law Firm;
Clients: BKW Italia SpA;
