In April 2013 the discussion at the CoE to suspend photovoltaic licensing

On the 24th of April 2013, the Department of the State Council will examine the application for the cancellation of the decision of the Deputy Minister of Peace, A. Papageorgiou, issued last August, which suspended the process of licensing new photovoltaic stations. The Association of Photovoltaic Companies filed a petition for cancellation by the attorneys of lawyers Mr. Sp. Vlachopoulos and Ath. Tavoularis.

Specifically, the Association of Photovoltaic Companies filed a petition for cancellation before the CoE against the latter. YAPE / Φ1 / 2300 / house. 16932 / 9-8-2012 of the decision of the Deputy Minister of Environment, Energy and Climate Change on the suspension of the authorization procedure and the granting of connection offers for photovoltaic stations, due to the objectives set by the decision ΑΥ / Φ1 / οικ. 19598 / 01.10.2010 of the Minister of Peace “(Government Gazette B, 2317 & 10/08/2012). This decision suspends the submission of new requests and the examination of outstanding requests for photovoltaic (with the exception of household and fast track), arguing that there are already many mature projects, the implementation of which will lead to the achievement of the in 2020.

According to the cancellation request, the contested act suspending the licensing procedure for photovoltaic power plants is void because it has, inter alia, been adopted in breach of the constitutional definitions in Article 43 (2) of the Constitution. It is also cancellable because, while in a few months (depending on the timetables of Law 3851/2010) the examination of the review of the installed power of each technology was adopted, the contested act of suspension was adopted in August 2012.

Finally, the contested act of suspension (which also covers outstanding applications but at the same time exempts fast track works) is contrary to a number of constitutional provisions and principles, such as economic freedom (Article 5 (1) of the Constitution), environmental protection (Article 24 of the Constitution ), equality (Article 4 (1) of the Constitution) and the protected confidence of the administrator.

This initiative of the Association of Photovoltaic Companies aims to protect the market from the decline that is inevitably driven by the suspension of the license. Suspicion favors only licensing, enriches some perpetrators by unduly raising investment costs, afflicting thousands of small and medium-sized investors.

Here you can see the official announcement of the link.