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Clean Power Spain solar protesters

Published on November 1st, 2014 | by James Ayre

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Supreme Court In Spain Open To FIT-Cut Lawsuit

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November 1st, 2014 by  

Solar Love.

The Supreme Court in Spain — the Tribunal Supremo — has reportedly invited the Unión Española Fotovoltaica (UNEF) to a meeting to discuss the organization’s recent legal challenge to the country’s decision to retroactively cut solar subsidies.

Spain solar protestersThe move suggests that UNEF may soon be getting its day in court, and that the rather unpopular decision to retroactively cut FiT payments may go somewhere. Well, possibly anyways. It’s also possible that nothing will come of it.

UNEF’s energy policy director, Pedro Palencia, recently confirmed the reports, stating: “Overall, there have been more than 300 lawsuits to the Supreme Court. However, the court is considering to only allow a handful going forward, setting the case for the rest too. UNEF’s lawsuit is very important and may decide for the whole sector.”

As we’ve reported on previously, Spain recently passed a bill that will see retroactive limits placed on the financial returns that investors can collect on solar PV projects. It should go without saying that such legislation has the potential to completely crush the country’s solar industry, and almost certainly damage the wider investment market there as well.

Commenting further, Palencia noted the limits to UNEF’s legal abilities to reduce the application of laws: “This is only available for the defensor del pueblo or regional governments, and the court to judge cases is the Constitutional Court.”

So, in other words, this meeting with the Supreme Court is pretty much UNEFs only option for dealing with the recent legislation.

UNEF is currently being represented legally by the international law firm Watson, Farley & Williams.

Related: Spain Solar Workers Protests Outside Prison

Image Credit: Solar Tradex

Source: Solar Love. Reprinted with permission.

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About the Author

's background is predominantly in geopolitics and history, but he has an obsessive interest in pretty much everything. After an early life spent in the Imperial Free City of Dortmund, James followed the river Ruhr to Cofbuokheim, where he attended the University of Astnide. And where he also briefly considered entering the coal mining business. He currently writes for a living, on a broad variety of subjects, ranging from science, to politics, to military history, to renewable energy. You can follow his work on Google+.



  • http://zacharyshahan.com/ Zachary Shahan

    Also, it’s pretty darn clear that austerity measures make a recession worse. Stimulus is what’s needed. Unfortunately, Europe has been taken over by austerity nonsense for years now and keep digging a deeper and deeper hole.

    • Larmion

      Europe’s best performing economy by far has been the UK, a country that chose deep austerity. Finland, Sweden and Germany have also chosen (less severe) austerity policies and have seen strong growth.

      Meanwhile, countries reluctant to opt for austerity (France, Belgium) have steen nothing but stagnation.

      As for the PIGS: there austerity went too far. Everything in moderation remains an important dictum. However, it must be said that the two countries that went furthest in their reform (not just spending cuts, but also structural reforms), Spain and Ireland, are doing better than Italy that rejected austerity.

      Some left wing economists villify austerity. Some German ordoliberalists see it as a panacea. Judging from European growth figures, it seems that both are wrong: austerity has a positive effect if done in moderation and with structural cuts (labor and pension reform) rather than massive cuts in investment and other discretionary spending.

  • http://zacharyshahan.com/ Zachary Shahan

    Solar power creates jobs…

    And making your country look like an investment gamble hurts your economy very badly. This was a horrible decision for Spain’s economy.

    • Larmion

      It creates jobs, sure. Handing people a shovel and telling them to dig holes does too.

      The question is if solar is the most cost-effective way to cut unemployment. In Spain, it clearly isn’t: the existing subsidy regime is insanely generous and has so far produced a fairly small number of jobs (compared to, say, the car manufacturing plants that are opening up there after labor market reforms).

      As for ‘investment gamble': Spain has solid public finances (relative to the state of its economy), went through major labor market reforms and increased the ease of doing business. If recent growth in foreign direct investment is anything to go by, investor confidence has increased in recent years. Not surprisingly, Spain is among the better performing economies in the Eurozone (albeit from a very low base).

      And let’s not forget that the revised subsidy mechanism still allows for a 7,5% gross profit margin. That is by no stretch of imagination a ‘low return’ – it’s almost identical to what Germany gives renewables.

      • Guest

        As opposed to pointless hole shoveling, installing PV reduces unemployment rate sensibly and produces clean power which reduces costly fuel imports.

        It may only be valid not to build out PV, if there was full employed and if one couldn’t even recruit people to educate pupils.

        Also, PV-FIT-rates in Germany have no noticeable impact on living costs. At current PV-FIT rates in Germany, the costs added to the electricity price in Germany are 0.1 cents/kWh at 7 – 8 GW PV additions per year.
        And Spain could live with lower PV-FIT rates than Germany.

  • Ronald Brakels

    As far as I can follow, the arguement is that Spain needs massive spending cuts to restore investor confidence and so they have no choice other than to make retroactive cuts that destroy investor confidence.

    • Larmion

      Indeed. That’s exactly the argument I’m making, based on emprical observations.

      Countries that reneged on promises or even defaulted on debts (Iceland, some Latin American countries) saw a quicker restoration of investor confidence than countries that burdenend themselves with impossible debts to honor excessive promises (Ireland, Portugal and others).

      The effects of debts, both private and public, have an effect for decades. A retroactive, carefully targeted subsidy cut is forgotten after a few months in a world saturated with hot money looking for the next big thing.

      • Ronald Brakels

        It all seems very strange to me as an Australian. When the global financial crisis came around we decided not to have a recession, did what was necessary, and so didn’t have a recession. And then I watched all these other countries fail stupidly. So very stupidly. I really did not understand it. I just couldn’t work out what was going on. But then, several years later, we ended up with Tony Abbott as our Prime Minister and I finally understood. We were now stupid just like other countries.

        • Larmion

          Australia was spared from recession by high commidity prices, especially for coal and iron ore. AFAIK, manufacturing in Australia didn’t do better than anywhere else in the rich world.

          You’d have to be spectacularly incompetent to fall into recession when neighbors like China and India are paying big money for the dirt in your back yard ;)

          • Ronald Brakels

            Larmion, that’s so wrong it’s funny. I am guessing you are repeating things about Australia said by strange Americans who did not even bother to check the actual prices of coal and iron before they spread their lies.

            The value of Australian thermal coal fell for six months after the middle of 2008 and then stagnated for a year before starting to recover. The spot price of thermal coal fell almost two-thirds from its peak and we weren’t in a recession for a year and a half while we waited for prices to pick up.

            Iron ore fell from over $210 US a tonne in 2008 to under $60 US in 2009.

            Australia was fortunate that commodity prices picked up from their post GFC lows, but commodity prices most definately did not prevent Australia from entering a recession. The Australian mining sector contracted more in the wake of the recession than the rest of the economy.

            Be careful about who you believe and always double check what you’re told, otherwise you can end up looking pretty stupid.

            And if you think it through, you can tell that the weird Americans didn’t know what they were talking about without even checking commodity prices just by looking at Australian inflation. If Australia was saved from recession by increasing commodity prices then it would mean we had an unnecessary stimulus equal to 4.6% of GDP without feeding inflation. A miraculous event indeed.

  • Matt

    So Larmion I see you hoping for PV support to fail in Spain to help with taxes. But not calling for dropping FF or Nuke support. Or calling for a carbon tax, paid back equally to each person, show to help with jobs and benefit lower half of society. There are bigger corporations benefiting from Spanish tax dollars than solar. When hear “cut PV” save the people, and no talk about FF; I have to wonder if you are on really on the up and up.

    • Larmion

      FF fuel subsidies have been cut far further than solar subsidies in recent years.

      The only major supply side subsidy Spain gave to fossil fuels was to coal mining. Subsidies were 30 euros per tonne originally but
      will fall by 5 euro per year and be cut entirely as soon as 2018. Last year the number of coal miners fell by nearly 10% (from 4900 to 4500).

      Spain has no significant oil or gas production and demand subsidies are also few and far between (some minor fuel allowances for the elderly and disabled).

      There are of course indirect subsidies in the form of health care, but those are almost impossible to quantify.

      As for nuclear: Spain has paid off its last nuclear plant (and a ban on building new ones) and fuel disposal is paid for by a tax on plant operators.

      Subsidies for non-renewable energy are low in most of western and southern Europe, far smaller than those for non-renewables (as it should be).

    • globi

      Also, Spain has significantly lower taxes on gasoline than France.

      So, Spain could simply pay for Solar with a minor increase on gas taxes.

  • Bob_Wallace

    More solar in Spain along with transmission to allow Spain to sell power to the rest of Europe would help their finances.

    I’ve got a problem with governments retroactively changing the rules.

    • Larmion

      Spain (and Portugal) are pretty much islanded – their only major interconnect is with France and it’s paltry.

      Both countries want to vastly increase transmission capacity, but France is wary of allowing large amounts of current onto its own grid (it would need significant upgrades).

      After much wrangling, the EU forced France to accept a doubling of the interconnect’s capacity, but even if that is built the capacity will still fall short of what’s required to export all of Spain’s surplus. That doesn’t leave much room for solar exports in that direction.

      A connection with Morocco is under consideration, but the volumes involved there are equally small – and Morocco is building a lot of solar that peaks at the same time as Spain’s.

      I totally agree with your second point, under normal circumstances at least. The current crisis has shown that retroactive changes to certain laws have a smaller long term effect than accumulating huge debts (compare Iceland and Ireland for example: Iceland decided to not to honor its deposit guarantees to foreign clients of its banks and managed, let their overseas arms go bust and started from scratch. Ireland took the opposite approach and needed a bail out from which it is only beginning to emerge).

      Spain has little room for further spending cuts or tax raises and has seen its debts (both government and private) increase to painful levels. Given the returning uncertainty on the bond markets, I wouldn’t honor the (excessive) promises to solar installers either – after all, they still receive profit margins that are greater than almost any other investment of the same risk category.

      • Ronald Brakels

        Spain alreadly has two interconnectors with Morocco that I am aware of with a combined capacity of 1,400 MW. Morocco uses them to import roughly 15-20% of its electricity.

    • globi

      That’s a good point.

      Just like the FED in the US, the European central bank could invest in real assets. For instance, in renewable power plants and in a HDVC connection between Spain, the Balearic islands, Sardinia and Italy.
      (Italy has significantly higher electricity prices than Spain.)

      Btw, Spain is already connected to Morocco: link.

  • Calamity_Jean

    Maybe a compromise could be reached; lower payments than the original FIT, but higher than what they’ve been cut to.

    • Larmion

      That they could, but on the other hand the proposed cap of 7,4% pre-tax profit is already relatively generous (very few investments in the same risk category get close to that gross profit margin). Any compromise couldn’t go too far above what’s suggested.

    • Ronald Brakels

      A perfectly reasonable way to reduce the cost of fits is to offer to pay people to end their fit early. As people generally prefer money now rather than money later it could result in considerable overall savings. A reverse auction would be one way to do this.

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