ECJ

A preliminary ruling by the European Court of Justice states panel makers should not be responsible for electrical waste management costs in a seven-year period as the rules in place before the EU’s WEEE directive entered force, in 2012, permitted member states to place the obligation on panel users instead. The resulting change in law, in some states, cannot be applied retroactively, under EU legal rules.

The Chinese solar glass maker, which claimed a positive legal judgement in the European General Court in 2019, is now likely to have that victory set aside by the European Court of Justice, with an advocate-general saying the company benefited from an income tax regime which may have unfairly distorted its operations.

The court has agreed with advocate-general Henrik Saugmandsgaard Øe that Italy’s move, in 2014, to reduce solar incentive payments contained in signed agreements held by developers does not breach EU law.

The European Court of Justice in July agreed with the Chinese manufacturer, which had said the European Commission had no right to collect duties of 47.7% on any products exported before the company had been notified – in October 2016 – that it was having its access to a minimum price agreement withdrawn by the EU.

An advocate general at the European Court of Justice has said Italy’s decision to amend the terms of signed, 20-year solar incentive contracts in 2014 does not conflict with European law.

An energy finance consultant from the international thinktank has added his voice to demands Theresa May, or her successor, spell out exactly how the decarbonization target will be met, and cited failings on solar as a warning on how not to proceed.

Having declared a climate emergency last week, the U.K. government is considering raising VAT rates from 5% to 20% on ‘energy saving materials’ in the home. While the tax authorities are blaming Europe, trade body the REA has pointed out the 5% rate would still apply for coal used for domestic heating.