The first international lawsuit over the cuts to compensation for PV
installations in Spain has resulted in a ruling against the companies
that filed the suit, according to a statement by the Spanish Ministry of
Industry.
Dutch company Charanne B.V. and Luxembourg’s Construction Investments
S.A.R.L. had filed suit agains the King of Spain for regulatory changes
in 2010 by the government through which compensation was significantly
reduced for PV installations. RDL 14/2010 limited the number of hours
that solar installations are paid through the feed-in tariff.
Charanne and Construction Investments were shareholders of Spain’s
T-Solar. Spanish companies cannot directly sue the government in an
international tribunal.
According to the Ministry, the Court of Arbitration in Madrid has
ruled that the government did not violate any legitimate expectation
under international law. The legal basis for the suit was the treaty of
the energy charter.
Additionally, the court ruled that the companies which filed suit
must pay roughly €1.2 million for the Spanish state’s legal costs and
administrative expenses.
Recently,Spain’s Supreme Tribunal also ruled against solar companies which called for compensation for regulatory changes in 2010.
Other international lawsuits against Spain for the cuts to the renewable energy sector are still in progress.
(pv-magazine.com)