TARGET wins at the Lazio Regional Administrative Court for BD Solar: regional council resolution no. 171/2023 annulled

Deals | Achievements

TARGET, with a team led by Partner Domenico Segreti and Senior Associate Giuseppe Salamone, successfully represented BD Solar Acquapendente S.r.l. (“BD Solar”), part of the FIVE-E Group, in proceedings before the Lazio Regional Administrative Court (TAR Lazio), Third Division. The case concerned the challenge to Regional Council Resolution No. 171/2023, which had introduced “territorial rebalancing” criteria for the installation of photovoltaic and wind power plants in the Lazio Region—effectively imposing a general ban on new projects in the Province of Viterbo.

By Judgment No. 6969, published on 8 April 2025 (the “Judgment”), the TAR Lazio upheld the appeal filed by BD Solar, annulling both the contested Resolution and the communication declaring inadmissible the PAUR application submitted under Article 27-bis of Legislative Decree No. 152/2006, regarding the proposed construction of an agrivoltaic plant in the municipality of Acquapendente.

Grounds of the Judgment
The TAR Lazio found that Resolution No. 171/2023, and consequently the inadmissibility decision of the PAUR application, were unlawful for the following reasons:
• Violation of paragraphs 6 and 7 of Legislative Decree No. 199/2021:
The Resolution introduced a moratorium on non-priority permitting processes in areas not classified as suitable, unjustifiably limiting the development of new projects.
• Non-compliance with the Guidelines of Ministerial Decree September 10, 2010:
The Resolution effectively established a preliminary ban on renewable energy (RES) projects across a significant portion of the regional territory, contradicting the very spirit of the Guidelines.
• Conflict with constitutional case law:
The Judgment emphasized that the Guidelines set out a non-derogable framework aimed at ensuring consistent regulation at the national level, preventing Regions from imposing blanket prohibitions on the installation of RES plants.

The TAR Lazio therefore ruled that it is unlawful to establish "prohibited zones" for RES plant installations. Instead, each permitting procedure must be assessed within its specific context, in line with the principles set out in Article 20, paragraph 8, of Legislative Decree No. 199/2021 and the related Guidelines.

Implications of the Judgment
The Judgment not only marks a significant win for BD Solar, but also serves as an important warning to regional authorities: policy choices must not impose blanket bans, but should instead ensure thorough procedural evaluation and balanced consideration of the various interests at stake. This approach aligns with the goals of energy transition and sustainable development.

Conclusion
The Judgment reaffirms the principle that each permitting request for renewable energy installations must be subject to specific and technical evaluation. This ensures compliance with current legislation and supports balanced development in line with territorial needs—a crucial step forward for the deployment of renewable energy sources in the Lazio Region.

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