More specifically, the objective of the legal opinion was the examination of the compatibility of a potential premium feed in tariff for the user of photovoltaic equipment produced in Greece. The findings of the abovementioned legal analysis are that such a premium could not be considered as a priori incompatible with the European state aid legal framework.
According to a targeted critical analysis of the case-law of the European Court of Justice combined with the applicable European legal framework and in view of the method of developing and operating the feed in tariff system in Greece, it is highly doubtful that such a measure might be considered as an incompatible state aid according to Article 107 par. 1 of the Treaty on the Functioning of the European Union.
Alternatively, the aforementioned legal opinion includes an extensive argumentation regarding the possibility of establishing an exceptional compatibility of the abovementioned measure, which supports the local productive activity, with EU State aid provisions due to the current crucial disorder and recession of the Greek economy.
In conclusion, the abovementioned legal opinion also refers to international examples of implementation of the so-called local content requirement in order to support the photovoltaic equipment production of particular origins.
