Order of the Court (Tenth Chamber) of 1 March 2022 – Milis Energy and Others

(Joined Cases C‑306/19, C‑512/19, C‑595/19 and C‑608/20 to C‑611/20) ( 1 )

(References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Environment – Charter of Fundamental Rights of the European Union – Articles 16 and 17 – Principles of legal certainty and protection of legitimate expectations – Energy Charter Treaty – Article 10 – Applicability – Directive 2009/28/EC – Article 3(3)(a) – Promotion of the use of energy from renewable sources – Production of electricity from solar photovoltaic installations – Amendment of an aid scheme)

1. Environment – Promotion of the use of energy from renewable sources – Directive 2009/28 – Mandatory targets for the overall share of energy produced from renewable sources – Measures adopted to attain those targets – Member States’ discretion (European Parliament and Council Directive 2009/28, Art. 3(1),(2), (3)(a) and Annex I) (see para. 30)

2. Environment – Promotion of the use of energy from renewable sources – Directive 2009/28 – Mandatory targets for the overall share of energy produced from renewable sources – Measures adopted to attain those targets – National legislation which provides for the reduction or delay of the payment of incentives for energy produced by solar photovoltaic installations for which provision has previously been made but which are not yet due – Whether permissible – Infringement of the principles of legal certainty and the protection of legitimate expectations – None – Verification by the national court (Art. 267 TFEU; European Parliament and Council Directive 2009/28, Art. 3(3)(a)) (see paragraphs 31, 32, 43-48, 52)

3. Fundamental rights – Charter of Fundamental Rights of the European Union – Right to property – Scope – Rights conferring an established legal position – Concept – Right to receive the incentives for the production of photovoltaic energy granted under an existing support scheme – Not included – National legislation altering the amounts of those incentives and the arrangements for their payment – Infringement of the right to property – None (Charter of Fundamental Rights of the European Union, Art. 17(1); European Parliament and Council Directive 2009/28, Art. 3(3)(a)) (see paras 34, 35, 40, 50-53 and operative part)

4. Environment – Promotion of the use of energy from renewable sources – Directive 2009/28 – Mandatory targets for the overall share of energy produced from renewable sources – Measures adopted to attain those targets – National legislation which provides for the reduction or delay of the payment of incentives for energy produced by solar photovoltaic installations for which provision has previously been made but which are not yet due – Whether permissible – Breach of the freedom to conduct a business – None (Charter of Fundamental Rights of the European Union, Art. 16; European Parliament and Council Directive 2009/28, Art. 3(3)(a)) (see paras 54-63, operative part)

Operative part

Subject to verifications to be carried out by the referring court taking into account all the relevant factors, Article 3(3)(a) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC, as well as Articles 16 and 17 of the Charter of Fundamental Rights of the European Union, read in the light of the principles of legal certainty and the protection of legitimate expectations, must be interpreted as not precluding national legislation which provides for the reduction or delay of the payment of incentives for energy produced by solar photovoltaic installations which were previously granted by administrative decisions and confirmed by special agreements concluded between the operators of those installations and a public company, where that legislation concerns incentives for which provision has previously been made but which are not yet due.

( 1 ) OJ C 213, 24.6.2019.