Infrastructure, Energy & Ecological Transition

To succeed in a complex sector like energy & infrastructure, you need extensive knowledge of the country and the way the public authorities operate. We have this knowledge.

At the same time, the ecological transition is a topic of great debate and has continued to gain more steam. Today’s social and climatic conditions have made it clear that the ecological transition is not something just for the future – it’s also for the now. So we put together a team of experts in this field in all its forms. This includes energy, energy carriers, waste and water, and their roles in the circular economy and ecological transition.

Providing legal services in regulated sectors, such as energy and telecommunications, requires specific teams that bring together expertise from different practice areas. Our clients expect advanced, multidisciplinary consultancy services with the timescales and approach that only a large, efficient law firm can provide. That’s why we have an Infrastructure, Energy & Ecological Transition Focus Team.

Our service is truly all-encompassing: we combine assistance in extraordinary transactions with advice and litigation support (in Italy and abroad) in the energy and grid markets, ad hoc legal opinions on European law, project finance and all the other services financial and industrial clients could ask of a law firm.

Our Infrastructure, Energy & Ecological Transition Focus Team assists businesses in all areas of the green revolution and ecological transition: renewable energy and the circular economy, the use of hydrogen both in transport and in hard-to-abate sectors, and energy efficiency. We work with oil & gas multinationals, leading Italian and international names in energy, transport and telecommunications, and national and local public entities, on privatisation and business combination plans. We are the benchmark for large infrastructure funds looking to enter the Italian market, because we know the market inside and out and get straight to the heart of every issue.

When we say we’re multidisciplinary, we really mean it. We will always be right by your side, offering the highest standards of service for all aspects of your business.

 

Here’s what sets us apart

  • Outstanding service in all areas of law relevant to these sectors. Our partners are ranked as leaders by the main international legal guides in corporate, contract, public and environmental law, project finance and antitrust sectors
  • Very strong ties with the financial and industrial communities in Italy
  • Expertise in dealing with the authorities and the public sector
  • Combination of academic experience and the expertise of a specialist boutique firm with the approach of a large international law firm

Learn more about our other Focus Teams.

Golden Power

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Insights

New rules on the taxation of the establishment of rights in rem (diritti reali di godimento): impact on RES plant construction costs - 11 March 2024

The Budget Law entered into force on 1 Jan. and introduced an important change to the tax regulation on the establishment by non-business entities (e.g., simple agricultural partnerships (società semplici agricole)) of rights in rem – other than usufruct – over real estate on which RES pla …

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Ministerial decree on incentives for renewable energy communities and collective self-consumption - 19 February 2024

On 24 January, Ministerial Decree No. 414 of 7 December 2023 (“REC Decree”) came into force. The decree sets out the criteria and procedures for granting feed-in tariffs under Legislative Decree 199/2021 and capital contributions under Italy’s NRRP to support electricity generated from re …

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SACE Archimede Guarantee - 8 February 2024

A new type of guarantee has been introduced under 2024 Budget Law, that SACE S.p.A. may issue to support investments in sectors such as infrastructure, local services and ecological transition; as well as industrial, technological and digital innovation. Our

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Lombardy: tender procedures for reassignment of large-scale hydroelectric concessions launched - 30 January 2024

As part of the reform of the hydroelectric sector, which began back in 2018, the Lombardy Regional Executive has passed two resolutions launching reassignment procedures for the large-scale hydroelectric concessions Codera Ratti-Dongo and Resio: These are only the first of many concessions that …

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GSE issues regulation with classification of violations and related penalties - 24 January 2024

The long-awaited regulation issued by Italy’s energy services manager (“GSE”) implements Art. 42, para. 3, of Legislative Decree No. 28 of 3 March 2011 concerning verifications and penalties. It puts an end to the long impasse dating back to 2012 (when the first measures were introduce …

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Golden Power news: application of the rules to intra-group transactions and public tenders - 29 September 2023

The recent legislation confirms the Italian Government’s constant attention to all matters linked to FDI screening. The “Omnibus Decree” extends the Government’s special powers under Golden Power legislation to cases involving non-EU entities, including intra-group transactions relat …

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The standard form contract for urban waste management: another step towards a uniform, transparent and efficient model - 26 September 2023

Besides helping improve efficiency and service quality in the management of waste, the standard form contract recently introduced by the ARERA will also increase access to financing. The standard form contract applies not only to agreements still to be signed but also to existing agreements …

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The NRRP-ter Decree and the main measures regarding the authorisation of plants fueled by renewable energy sources - 11 September 2023

The recent enactment of Decree-Law No. 13 of 24 February 2023 on “regarding “Urgent provisions for the implementation of the National Recovery and Resilience Plan (NRRP) and the National Plan for Complementary Investments to the NRRP (NPC), and for the implementation of cohesion policies an …

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Recent CJEU judgment: towards a restriction of the scope of foreign investment control regulation? - 25 July 2023

The CJEU’s recent judgment of 13 July contains important clarification concerning the application of Regulation (EU) 2019/452 on the coordination of control mechanisms for foreign direct investment (“Regulation”) and the ability of Member States to exercise veto power. The Court adopts …

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Construction of photovoltaic systems to be installed at production facilities in the agricultural, animal husbandry and agro-industrial sectors: the ‘Agrisolar Park’ measure - 13 July 2023

On 1 July, a decree was published in Italy’s Official Gazette making aid available for works that contribute to climate change adaptation and mitigation – by promoting sustainable energy, energy efficiency, and sustainable land use – and that reduce the production costs borne by undertaki …

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Introduction of an exemption from environmental procedures for certain renewable power plants - 19 April 2023

As part of the procedure to enact the conversion law for Law Decree No. 13 of 24 February 2023 – regarding urgent provisions for the implementation of the National Recovery and Resilience Plan (NRRP), the National Plan for Complementary Investments to the NRRP, cohesion policies and a common …

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The exercise of special powers under Italy’s FDI screening framework: new solutions for strategic companies - 28 February 2023

On 1 February, Law 10/2023 converted Law Decree No. 187 of 5 December 2022 into law, thereby introducing: (a) general changes to Italy’s FDI screening framework, and (b) the possibility of temporary administration for companies in the oil refining sector. On 6 February, the Commission publ …

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The new regulatory framework for biomethane incentives - 8 February 2023

The recent adoption of long-awaited Ministerial Decree No. 23 of the Ministry of the Environment and Energy Security regarding the application rules for the Incentives Decree – which regulates incentives for feeding biomethane into the natural gas grid – is the final step in the legislative …

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Streamlining Italy’s FDI screening framework: pre-notification now possible - 16 September 2022

On 24 September, a regulation streamlining Italy’s FDI screening framework will come into effect. Its goal is to reduce the number of notifications filed (which has skyrocketed in the last few years) and speed up the screening process. The biggest change is the introduction of a pre-notifica …

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The Aiuti-bis Decree proposes solutions to Italy’s water emergency - 22 August 2022

The legislator’s attention is focused on the water emergency in Italy, and Article 14 of the Aiuti-Bis Decree - which came into force last August 10 - provides strict deadlines for entrusting the integrated water service (the “IWS”) throughout the Country. The Ai …

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The “Aiuti Decree” and the main changes regarding the authorisation of plants powered by renewable sources - 29 July 2022

At the conclusion of a complex parliamentary procedure preceded by several legislative interventions, the so-called “Aiuti Decree” was recently converted into Law 91/2022, which came into effect last July 16. The significant regulatory changes introduced on authorizations of plants power …

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Conversion of the Sostegni Ter Decree into law confirms the two-way compensation mechanism for electricity produced by renewable energy power plants - 5 April 2022

Renewable energy sources are once again in the legislative spotlight – this time with the conversion of the Sostegni Ter Decree into law on 29 March. According to the conversion law the compensation mechanism now has a definitive form under our regulatory framework: which are the main address …

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Modifications to Golden Power legislation introduced by the Energy Decree - 30 March 2022

On 22 March, the Energy Decree came into force. Among other things, it substantially amends Italy’s Golden Power legislation – specifically as concerns notification obligations, the assessment phase, and the safeguards in place for private parties. What are the main areas of Golden Power …

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The Energy Decree and the contribution to tackle increases in utility bills - 25 March 2022

The Energy Decree, which came into force on 22 March, introduced for energy producers (including renewable energy producers) an additional 10% contribution out of their “excess profits” in order to tackle increases in utility bills. Who does the decree apply to? Which is the tax base …

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The Anti-fraud Decree and electricity produced by renewable energy power plants - 8 March 2022

Art. 5 of Law Decree No. 13 of 25 February 2022 (“Anti-fraud Decree”) – which came into force on 26 February 2022 – significantly amends the two-way compensation mechanism introduced by Art. 16 of the Sostegni-ter Decree in relation to the price of energy from re …

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The "Sostegni Ter" Law Decree and the tax aspects of the measures to counteract the increase in electricity prices for businesses - 1 March 2022

Certain provisions of the "Sostegni Ter" Decree raise some tax doubts: until the (much anticipated) decree to reorganise tax credit transferability is issued, the bonus has a limited scope for use by energy-intensive companies. Our

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NRRP and waste: calls for proposals launched for funding waste management plants and circular economy projects - 15 November 2021

MITE recently launched a call for proposals for funding for waste recycling projects, as part of Mission 2 (component 1) of the National Recovery and Resilience Plan (NRRP). The calls are a concrete opportunity to reach the NRRP goals in relation to urban waste management (collection, treatm …

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Hydrogen: a new season begins - 7 May 2021

It is a molecule that could revolutionise the world of energy. But where do things stand with its development and use? What structural and legal limits are hindering progress, and how can they be overcome? And what opportunities are out there? Our

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More filings, few conditions: a glimpse into the Italian government’s 2019 FDI screening report - 4 November 2020

The Italian government recently published its annual FDI screening report for 2019. Despite the wider scope of application and the growing number of transactions subject to FDI screening, conditions were imposed in only 13 cases (approx. 16% of the total number of filings). Perhaps not so su …

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Extension of the deadline to waive ‘Tremonti Ambiente’ tax incentive to allow taxpayers to continue benefitting from the feed-in tariff incentive - 4 November 2020

Taxpayers now have until 31 December to notify the Italian tax authority of their wish to waive the ‘Tremonti Ambiente’ tax incentive and thus continue benefitting from the feed-in tariff incentives under Energy Bill III, IV and V. This is thanks to the conversion law of the Simplification …

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Energy and Infrastructure M&A in the Age of Covid-19: Italy - 27 April 2020

Energy and infrastructure M&A in the age of Covid-19: new risks and legal issues, but also opportunities. All broken down for you here by our

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Golden Power in the time of Covid-19: new sectors, tighter control - 20 April 2020

Fear has spread that low market values are favouring predatory acquisitions of strategic assets of national interest by foreign investors. On 9 April, Law Decree No. 23 entered into force – bringing significant changes to legislation on government screening of foreign (but also domestic) i …

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The Covid-19 emergency: protection and remedies for concessionaires and operators under concession agreements and public-private partnerships - 8 April 2020

This note provides a preliminary, general overview of the possible remedies and protection concessionaires and operators have in response to the negative impact of the Covid-19 emergency on concession agreements (both work and service concessions) and PPPs, both with respect to the possibility …

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How Covid-19 measures affect investment control in Italy and the EU? - 6 April 2020

This note addresses the following 3 developments in investment screening caused by Covid-19 outbreak: The Cura Italia decree suspended the timeframe for administrative procedures, including Golden Power, but lodging an urgency request could be a way to avoid the suspension; …

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Golden Power: current landscape in the EU about "Foreign Direct Investment" - 23 December 2019

Foreign direct investment control mechanisms around the world vary in both substance and procedure. But what about in the EU? Even though it boasts a very open regime, concern about foreign investors, including state-owned companies, in strategic businesses is growing: their role in cross …

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Foreign investment control in Italy: new timeframe and rules - 15 November 2019

In Italy, the government’s powers to screen investments in strategic sectors take the evocative name of “Golden Power”. Last Wednesday (13 November), the Italian parliament approved the conversion into law of Law Decree 105/2019, which introduces significant changes to Italy’s Golden Po …

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Publication of "FER1 Decree" - 3 September 2019

On 9 August 2019, the Decree of the Ministry of Economic Development, in cooperation with the Minister of the Environment and Protection of Land and Sea, of 4 July 2019 was published in the Italian Official Journal No. 186 (the "FER1 Decree"). It came into force on 10 August 2019, introduces n …

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The European Fund for sustainable development and the EFSD guarantee - 22 May 2018

In 2017 the European Parliament and the Council of the European Union have established the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund: measures supporting businesses, bodies and organisations with the goal (i) to enable inve …

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News

BonelliErede appoints new board and makes up seven partners

At BonelliErede’s partners’ meeting on Saturday, 16 December, the partnership appointed the firm’s new board and made up seven new partners. As announced in October, close to the expiry of the current board’s mandate, a new board was appointed whose members are: Riccardo Bordi, Eman …

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