The Enel Si Srl company brought action against the measures adopted by the Electrical Energy and Gas Authority, who had rejected some requests of certification of energy saving submitted by the plaintiff.
The action was first submitted before the Regional Administrative Tribunal (T.A.R.) of Lombardia and was rejected.
The Enel Si S.r.l. company appealed against the decision of first instance, which was eventually revoked by the Council of State. The Court underlined the aim of energy saving projects provided for in Legislative Decree No. 79 of 1999, which requires enterprises engaged in energy distribution to adopt specific measures to ensure efficient use of energy. According to the Legislative Decree above-mentioned, projects may be adopted either directly by distributors or by third parties, namely enterprises operating in the energy sector. The Court estimates that the plaintiff adequately produced evidence establishing that energy saving projects concerned solely the domestic sector (i.e. users had withdrawn energy saving bulbs, as provided in the project). Subsequently the Court found for the plaintiff and declared its right to obtain the certification issued by the Electrical Energy and Gas Authority.