The Council of State rejected the appeal of the Superintendence against the green light of TAR Umbria to the authorizations for a wind farm of 12 MW

TerniEnergia S.p.A.,  a company active in the renewable energy sector, energy efficiency and waste management, listed on Star segment of Borsa Italiana, announces  that on September 20, 2012  the Council of State , before the courts issued decision no. 593/2012 by which the appeal presented by the Ministry of Heritage and cultural activities was rejected against the judgment of the Regional Administrative Court of Umbria May 31, 2011 n. 153 that, allowing the appeal brought by TerniEnergia, it had annulled the acts of self-defense used to canceled the previous  opinions in favor of the construction of the wind farm Colle Ventatoio in the town of Stroncone.

In particular, the Council of State confirmed in its entirety the judgment of TAR  Umbria for the annulment of acts of the Superintendence reiterating the complaint to the unlawful use of the power of self-protection by the Superintendence for Architectural Heritage and Landscape of Umbria, the failure to communicate TerniEnergia the opening of the procedure, the illegitimacy of the decree of annulment of the authorization for the works of landscape for variant works  mainly related to the need of  redesign the ancillary works (the route of the high-voltage overhead line, the interconnection line in media voltage and electrical substation), with a reductive importance in terms of landscape and not affecting the wind plant consisting of six wind turbines for a total installed capacity of 12 MW.

The judgment showed that the act of cancellation has come many months after the granting of permits, when a legitimate expectation on the part of the finalization of the intervention to TerniEnergia  had already been formed,  also involving non-negligible financial commitments even if only for the project design and instrumental  documentation to the authorization process. In addition, it is recognized as the distance of  the planned wind farm from property of monumental  value  (in particular, the Speco di S. Francesco )  does not generate adverse visual intrusion.

As a result of the judgment of the Council of State, the full ownership  of authorization title  by TerniEnergia has been confirmed.

TerniEnergia  was assisted and defended by  Lawyer Ranalli Associates of Terni.