Facts
Article 1(7) of Decree-Law 105/2010, as amended by Law 129/2010, provided that the tariffs granted to incentivise the development of solar PV plants pursuant to a ministerial decree of 19 February 2007 (known as the
Secondo Conto Energia ) would be awarded to applicants that, among other things:
completed construction of the plant by 31 December 2010; and
notified the authority that authorised the construction, the grid operator and GSE SpA of such completion.
On 23 November 2018 GSE SpA issued an order revoking the
Secondo Conto Energia incentives awarded to a company operating a solar PV plant located in the municipality of Pavia, alleging that the company had failed to communicate to the authorising authority (ie, the province) that the plant s construction had been completed by 31 December 2010.