Energy #Talk3: Renewables and Criminal Courts: State of the Art

Monday 15th April 2019 – at 5.30 p.m.
Legance – Avvocati Associati
Milan, Via Broletto 20

The violations identified by GSE (the Italian Energy Services Regulatory Agency) when verifying the conditions for the granting of state incentives often lead to claims, including those of a criminal nature.
The judicial framework shows two groups of claims: one is related to the characteristics of the plants (forgery, false statements, illegal parcelling out and illegal building), and the other is related to the subsequent phase of obtaining the grants (undue receipt of grants to the detriment of the State, or aggravated fraud for obtaining public grants and self-money laundering).
These claims may lead to the seizure and confiscation of plants and incentives.
In view of the importance of transactions and the development that the renewables market has recently experienced, the role of third parties, investors and bona fide buyers has become increasingly crucial. This is also in consideration of the increasingly frequent notification of administrative liability for crimes pursuant to Legislative Decree no. 231/2001, which may result in the application of substantial disqualification and pecuniary measures to companies, in addition to the compulsory confiscation of profits, including the equivalent value.

Special guest: Prof. Avv. Niccolò Bertolini Clerici