The hearing before the Council of State will take place on 5th June 2013 and will assess whether the special solidarity levy complies with EU State Aid and Energy Law as well as with the Greek Constitution and the European Convention for Human Rights.
According to Law 4093/2012, the so called special solidarity levy is imposed on electricity producers from RES and CHP stations and calculated as a percentage of the turnover for the period from 1st July 2012 until 30th June 2014. This fiscal measure burdens above all PV stations. M&A Law Firm has already filed complaints against the so called RES-levy with the European Commission on behalf of major RES companies active in Greece.
The Complaints are signed by Dr. A. Metaxas, Managing Partner of M&A Law Firm, Chair of EU Law at the University of Athens and Professor F. Nicolaides, Jan Tinbergen Chair for European Economics, College of Europe. Following these actions and the implementation of legislation introducing in Greece the concept of the pilot trial, the Council of State will have the opportunity to address all issues regarding the legality of the special levy. The judgment of the CoS will be a "guide" for the decisions of the Administrative Courts on forthcoming appeals of RES producers.
This development is particularly important as it highlights the significance of the arising legal issues and their impact on the Greek energy market given the severe negative implications of the levy on the economic viability of RES and especially PV producers.
