PHOTOVOLTAIC ENERGY: Important Judgment By the Supreme Court of Andalusia

6 October 2010

Section One of the Contentious-Administrative Chamber of the Supreme Court of Andalusia, based in Seville, pronounced on September 23, 2010 the judgment on the appeal submitted by the Spanish Ministry of Industry, Tourism and Commerce against Instruction E-1/2008 issued by the Regional Authority on Industry of Andalusia (‘Dirección General de Industria, Energía y Minas de la Consejería de Innovación, Ciencia y Empresa de la junta de Andalucía’). Said Instruction refers to the final Registration of photovoltaic facilities as facilities under the special regime in the Regional RIPRE Registry of Andalusia.

The judgment, which up to this date has not been published, declares Instruction E-1/2008 to be void due to procedural errors, specifically, due to the violation of the regulative hierarchy, incompetence of the administrative organ which it was issued by and the lack of the procedure for formulation of a general regulation.

This judgment may be appealed, and it can be expected that the Regional Government of Andalusia shall file a corresponding appeal against it. In any case, this judgment is still unenforceable.

As a consequence of the judgment, it is possible that the photovoltaic facilities located in Andalusia which did not start producing electrical power prior to September 29, 2008 may be affected in regard to the provisions of the tariff regime.

For further information please contact Antonio Jiménez: ajimenez@mmmm.es