With judgment no. 19505 of 4 November 2025, the Lazio Regional Administrative Court overturned the GSE’s (Energy Services Manager) decision that had reduced the incentives granted to a photovoltaic plant owned by ESI II.
The GSE had, in fact, downgraded the “energy account” applicable to the plant based on grounds that contradicted what had already been definitively established by the Criminal Court, without conducting a new and independent investigation.
The Administrative Court, on the other hand, gave importance to the fact that the circumstances under dispute had already been definitively established in criminal proceedings and that the GSE had not presented any new evidence to support its argument that the plant had been completed after the deadline for accessing the second energy account. This argument was based on assumptions already deemed valid in a previous forfeiture order, which had, however, been overturned by the Council of State.
Echoing the latter’s considerations, the Regional Administrative Court also pointed out that the alleged minor technical defects identified by the GSE were not sufficient to satisfy the test of relevance and proportionality to justify a further 10% reduction in the incentive tariff.
The company that owns the plant was assisted by Lipani Legal&Tax, with Senior Partner Rino Caiazzo and Enrico Di Tomaso.
