KOSIŃSKI ADVISORS Wins.

Kosiński Advisors LAW FIRM WINS TWO LARGE-SCALE PHOTOVOLTAIC CASES IN A ROW IN COURT – RENEWABLE ENERGY DOES NOT REQUIRE A COMMITMENT EVEN FOR SELF-CONSUMPTION ⚡🏆

During the transitional period of the planning reform, it is still possible to obtain zoning permits for large-scale photovoltaic projects. However, after losing the legal battle over applying the “good neighbor” principle to renewable energy, authorities are throwing further obstacles in investors’ paths. The latest tactic to block photovoltaic projects involved requiring a connection commitment as part of the building permit conditions—a commitment that grid operators simply could not provide at this stage for renewable energy sources. Attempts were also made to enforce connection commitments for so-called “own consumption.”

This problem stems from the fact that the details of the connection are only determined at the connection conditions stage, and these are issued based on the building permit conditions. This created a kind of Catch-22 situation: to obtain building conditions, one had to provide a connection commitment as if at the connection conditions stage, but connection conditions are only determined after building conditions have been obtained.

Case law had already determined some time ago that this should be viewed systemically and that renewable energy sources should be exempt from the commitment at the zoning permit stage. However, the authorities decided that while photovoltaics, as an energy source, might not be eligible for a commitment, the commitment is necessary for so-called self-consumption.

However, in the cases in question, the court confirmed that the entire renewable energy installation is exempt from the connection commitment..