Spain's Supreme Court will consider a challenge to the “sun tax”


Spain’s Supreme Court will consider a challenge by the renewable energy sector against the regulation on self-consumption PV systems approved last October which contains the so-called “sun tax”.

The highest court has ruled that an administrative appeal against Royal Decree (RD) 900/2015 by the Association of Renewable Energy Producers (APPA) is legally admissible, according to a notice in the Official Bulletin of State this week.

This regulation contains higher charges, both on capacity and generation from self-consumption PV systems, and rules out compensation for generation returned to the grid. These features have generated opposition from the renewable energy sector.

“It’s good news that the Supreme Court has ruled this challenge to be admissible,” highlights APPA General manager José María González Moya. APPA considers the legislation to be in violation of Spanish and EU law.

“The economic valuation (of self-consumption) is greatly increased and this is not justified,” states González Moya. “The charges are meant to intimidate and put the brakes on the development of self-consumption,” he says, calling for “a regulation which also recognizes the benefits of self-consumption.”

The main Spanish political parties, with the exception of the center-right Partido Popular, have shown opposition to the regulations. In Spain elections were held on December 20, however no government has been formed to date. “We call on this government or the next to modify or repeal this decree and to replace it with a reasonable one,” states González Moya.

This article was translated by Christian Roselund. For the original in Spanish, please see the pv magazine LatinoAmérica website.