Litigation

By means of an appeal filed in 2014 before the Regional Administrative Court of Emilia Romagna against the Emilia-Romagna Regional Authority and against Atersir, Herambiente requested the cancellation of Resolution 380 of the Regional Council of the Emilia-Romagna Regional authority dated 24 March 2014, containing “Amendments to the Regional Authority Resolution 135/13 – Provisions concerning the definition, and handling of the increase limit, of the fee for the disposal of municipal waste”. Resolution 380/2014 was challenged with regard to the part where it has the effect of laying down the full deduction, from the waste disposal fee, of the revenues from incentives to generate electricity from renewable sources. At the date of drafting of this report, the date of the trial hearing is yet to be scheduled.

By means of an appeal filed in 2015 by Herambiente before the Regional Administrative Court of Emilia Romagna against the Emilia-Romagna Regional Authority and against Atersir, cancellation was requested of resolution 467 of the Regional Council of the Emilia-Romagna Regional authority dated 27 April 2015, concerning “the criteria to define the fee for the disposal of municipal waste and similar pursuant to art. 16(1) of Regional Law 23 of 2011. The appeal particularly objected to two aspects of resolution no. 467, considered illegitimate, i.e.:

  • the erroneous inclusion of revenue from incentives for renewable electricity generation among the amounts to deduct from fees expected;
  • the lack of specific mention of taxes among the costs incurred by Herambiente that the contested resolution does not recognise.

At the date of drafting of this report, the date of the trial hearing is yet to be scheduled.

With separate appeals, which were then united, Herambiente challenged the following acts before the Regional Administrative Court of Molise:

  • challenge of Regional Government Decree no. 231 of 19 May 2015 which identifies as substantial variations the introduction of the CER code 19.12.12, the adjustment of the authorisation for saturation of the thermal load and the introduction of a shredder.
  • challenge of EIA regarding the plant of Pozzilli and, for additional reasons, the Integrated Authorisation.
  • challenge of Regional Council resolution no. 341 of 28 December 2015 regarding the “Regional plan for waste management”. Italian Leg. Dec. 152/2006 Conclusion of the Strategic Environmental Assessment procedure. Adoption of Plan proposal.”

The Regional Administrative Court of Molise did not uphold the appeals of Herambiente that on 23 October 2017, challenged the ruling before the Council of State. A hearing has not yet been set as of the reporting date.

Hera S.p.A., Inrete Distribuzione Energia S.p.A., AcegasApsAmga S.p.A. and Marche Multiservizi S.p.A., as well as the other leading operators, challenged before the Administrative Regional Court of Lazio, the ANAC Guidelines no. 11 containing indications for verifying the obligations required by art. 177 of the Tender Code (Italian Leg. Decree 50/2016). The Code lays down the obligation for public or private entities, holders of concessions for works, public services or supplies already in place on the date of entry into force of the Code, that were not awarded by a public tendering procedure, to award an 80% share of the contract for the works, services and supplies relating to concessions for an amount equal or exceeding Euro 150,000, through a public tendering procedure. The remaining part may be performed by in-house companies or by companies that are directly or indirectly controlled or affiliated. Separate complaints were filed for the waste management, district heating, gas distribution and electricity distribution services.