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Judicial suspension of the "Photovoltaic Green House" program

Through the "Photovoltaic Green House" program, individuals and cult units can obtain non-refundable financing for the purchase and installation of photovoltaic panel systems that use renewable, non-polluting energy sources, in order to produce electricity and use it by consumers connected to the national grid distribution of electricity.


The purpose of the program is to increase energy efficiency, improve air quality and reduce greenhouse gas emissions, by using photovoltaic panel systems with a minimum power of 3 kW, for the production of electricity needed for own consumption and the delivery of the surplus to the national energy system .


The objective of the program is to increase the production capacities of electricity from renewable sources. More information about this program can be found at https://afm.ro/sisteme_fotovoltaice.php.


An essential role in the development of the project is played by the "installers", namely those specialized economic operators who sell and install the photovoltaic panel systems for the production of electricity. These installers must be validated/approved by the EFA (i.e. the Environment Fund Administration), drawing up and publishing the "validated installers list".


One of the installers rejected from validation, namely the company DHELECTRIC SYSTEMS SRL, requested in court, contrary to EFA, the suspension of (i) the decision to resolve the appeal regarding the rejection of the validation file, respectively of (ii) the entire procedure of publishing the list of the validated installers, of their selection by the beneficiaries and of concluding the participation and financing contracts.


Oradea Court of Appeal, by Decision no. 199 of September 25, 2023, pronounced in file no. 3168/111/2023, admitted the request for suspension, ordering the following:


"Admit the request made by the plaintiff S.C. DHELECTRIC SYSTEMS S.R.L., in opposition to the defendant ADMINISTRATION OF THE ENVIRONMENTAL FUND and consequently: Orders the suspension of the execution of the Decision on the resolution of the appeal regarding the rejection of the validation file of the plaintiff as an installer, published on the defendant's website on 28.08.2023 and the suspension of the entire procedures for publishing the list of validated installers, for their selection by the beneficiaries and for concluding participation and financing contracts, until the final resolution of the case that is the subject of file no. 3167/111/2023 of the Bihor Court. It forces the defendant to pay the plaintiff court costs in the amount of 50 lei, representing judicial stamp duty. Law enforcement. With right of appeal within 5 days of communication. The appeal request is submitted to the Oradea Court of Appeal. Pronounced today 25.09.2023, by making the solution available to the parties through the mediation of the court registry."


In this context, the following aspects should be mentioned:


(i) on the one hand, the judgment of the Oradea Court of Appeal is enforceable from the time it is pronounced, which means that the suspensive effect operates immediately - it remains to be seen, after the reasoning of the court judgment, what practical impact the suspension will actually have;


(ii) on the other hand, the decision is not final, it can be appealed by the AFM, which will be judged by the High Court of Cassation and Justice.


Taking into account the long deadlines for resolving cases at the HCCJ, the appeal will not be judged soon. It is quite likely that it will be at least a year before we will have a definitive solution to the suspension file.


We still have to wait for the reasoning of the Oradea Court of Appeal decision, specifying that the suspension of administrative acts is an exceptional measure, but at the same time particularly important and effective for the person injured by the acts of the authorities, since, obtaining such a measure, significant and most of the time irreversible damages can be avoided.


We remind you that Fabian Cretu Law team is specialized in this type of procedures, obtaining multiple solutions for the suspension of administrative documents throughout our activity.


For more information you can write to us at the e-mail address fabian.cretu@fcretu-law.com.




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