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CEF Energia v. Italy

Date
Jan 1, 2019
Source
UNEP, InforMEA
Reference number
SCC Case No. 158/2015
Abstract
CEF Energia, a Dutch company, filed a claim against the Italian government arising out of changes to Italy's incentive schemes for renewable energy. The company had invested in three solar energy installations in Italy under the terms of the earlier version of the scheme. The company alleged that the changes to the scheme violated the fair and equal treatment provisions of the Energy Charter Treaty. Despite Italy's claims that the company's own due diligence reports showed that it was aware of the potential for changes to the scheme, the majority of the tribunal held that Italy's actions had breached a legitimate expectation on the part of the company and awarded the company USD $10.7 million in damages.

Key environmental legal questions:

Claims arising out of a series of governmental decrees to cut tariff incentives for some solar power projects.
Full text
CEF-Energia-v.-Italy-Award-italaw10557_0.pdf
Website
climatecasechart.com