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WFW advises Grupotec on successful appeal before Regional Administrative Court  4 July 2023

Watson Farley & Williams (“WFW”) has represented Grupotec before the Regional Administrative Court of Campania, Salerno section, in proceedings brought by the Italian Ministry of Culture and the competent Landscape Superintendence (the “Superintendence”), challenging the authorisation of the construction of a 20 MW photovoltaic (“PV”) plant in the Province of Avellino.

The Ministry of Culture and the Superintendence argued that the construction of the plant should not have been authorised by the Region of Campania on the basis of protecting the landscape in question. The administrative judge accepted WFW’s defending arguments which stated that energy transition is a primary concern and is of no lesser importance than the preservation of the landscape. Consequently, the opinion expressed by the Superintendence during the Conferenza dei Servizi (the meeting of the authorities) did not represent a valid reason to prevent the authorisation of the construction of the plant.

The 20 MW plant was developed by flyRen Energy Group S.p.A. and will be built in the Province of Avellino.

Grupotec is a leading Spanish company in the photovoltaic energy sector with more than two decades of expertise in photovoltaic engineering and construction. It operates worldwide with more than 1300 MW built and 650 MW in operation.

flyRen Energy Group is a leading Italian independent green power producer (“IPP”) and a key player in the in the e-mobility sector.

The WFW Administrative and Regulatory team that advised Grupotec was led by Partner Giannalberto Mazzei, working closely with Associate Cesare Fossati, and supported by Corporate Partner Carlo Cosmelli.

Giannalberto commented: The Court’s ruling is of great importance for the renewable energy sector, as, by venturing into the long-standing debate between landscape protection and the need to pursue energy transition objectives, it recognises that electricity production from renewable sources is no less relevant than protecting the landscape”.

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