By judgment No. 9390 of 13 May 2025, the TAR Lazio annulled paragraphs 2 and 3 of Article 7 of the Ministerial Decree of 21 June 2024, known as the “Decree on Suitable Areas” for renewable energy installations. The Court upheld the appeal lodged by ANEV, recognising elements of excess of power and an unjustified restriction of the freedom to conduct a business, due to the overly stringent and insufficiently reasoned criteria used to identify areas suitable for renewable energy development.
The ruling affects the procedures for planning and authorising renewable energy projects and obliges the Ministry of Environment and Energy Security (MASE) to review the criteria, ensuring a more balanced approach between environmental protection and the achievement of national and EU climate targets.
The Court emphasised the need for transparent, proportionate and technically justified criteria, in line with the principles of the PNIEC (National Integrated Energy and Climate Plan) and the Fit for 55 packages.
The decision is expected to have significant operational implications. Renewable energy developers may reassess project pipelines and timelines, while Regions will need to update planning tools and mapping systems.
The revision phase could also become an opportunity for broader institutional dialogue and public consultation, improving legal certainty, reducing litigation and facilitating investments in the renewable energy sector.
