Tonucci & Partners multidisciplinary team made up of Partners Stefano Lucarini, Alberto Fantini, Luca Spaziani, Counsel Cecilia Mambrini and Associates Giuseppe De Gregorio, Lisa Tamburro and Teresa Di Mario advised a company producing photovoltaic energy, in a dispute against GSE S.p.A. regarding the annulment of the measure related to incentive tariffs forfeiture. The Regional Administrative Court, by stay order decision no. 7483 dated December 21st 2021, ruled in favor of the company, envisaging as to the stay order request that GSE measure was unlawful since based on an abstract public interest’s supremacy concerning a correct use of the resources involved, without a specific reference to the case at hand and without taking into consideration, thus, whether the ascertained violations were relevant and the withdrawal measure was proportionate with the alleged violation, suspending therefore GSE’s forfeiture measure.
