Spain’s Supreme Court will consider a challenge by the renewable energy sector against the regulation on self-consumption PV systems approved last October which contains the so-called sun tax.

The highest court has ruled that an administrative appeal against Royal Decree (RD) 900/2015 by the Association of Renewable Energy Producers (APPA) is legally admissible, according to a notice in the Official Bulletin of State this week.

This regulation contains higher charges, both on capacity and generation from self-consumption PV systems, and rules out compensation for generation returned to the grid. These features have generated opposition from the renewable energy sector.

It’s good news that the Supreme Court has ruled this challenge to be admissible, highlights APPA General manager José María González Moya. APPA considers the legislation to be in violation of Spanish and EU law.

The economic valuation (of self-consumption) is greatly increased and this is not justified, states González Moya. The charges are meant to intimidate and put the brakes on the development of self-consumption, he says, calling for a regulation which also recognizes the benefits of self-consumption.

The main Spanish political parties, with the exception of the center-right Partido Popular, have shown opposition to the regulations. In Spain elections were held on December 20, however no government has been formed to date. We call on this government or the next to modify or repeal this decree and to replace it with a reasonable one, states González Moya.

This article was translated by Christian Roselund. For the original in Spanish, please see the pv magazine LatinoAmérica website.

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