Czech proposed solar subsidy cuts
Investor-state arbitration on horizon
12 grudnia 2024
Czech proposed solar subsidy cutsInvestor-state arbitration on horizon12 grudnia 2024 Foreign investors consider investment treaty claims in response to proposed Czech legislation that would cause solar projects to lose out on existing subsidies Why should I read this?Investors in Czech solar power plants risk losing the benefit of the subsidies they have enjoyed, following the announcement of a new bill, known as Lex OZE III, which aims to reduce the State subsidy pot currently made available to the renewables sector. Facing a potential reduction in their rate of return, foreign investors in Czech solar projects are considering commencing claims against the country for alleged violation of protections promised to investors in the Czech Republic’s international investment treaties. What are the proposed subsidies reforms?Established in 2005, the Czech Republic’s subsidies program provides government support for the development and operation of photovoltaic power plants, attracting both foreign and domestic investment that kickstarted the Czech Republic’s solar sector. New government plans seek to revolutionize the existing regime, such that those investors that have benefited from the subsidies could lose out. The proposed reforms include:
How have foreign investors reacted?Introduced as a cost-saving measure for the Czech Government, the plans to reform the subsidies regime has caused upset amongst foreign investors in the renewables space. At least three energy companies have threatened claims against the Czech Government under international investment treaties so far. The Czech Republic is not the first country to face pushback from foreign investors for reducing subsidies available in the renewable energy sector. Since the early 2010s, Spain has faced over 50 claims from foreign investors brought under international investment treaties for cutting its financial support for solar and wind projects. A number of claims are still pending, however the majority that have already been determined have favored the foreign investor, with the tribunals directing Spain to pay the investors hundreds of millions of euros in compensation. Foreign investors may argue that the changes to the Czech subsidies regime amount to a violation by the Czech Republic of the protections afforded to foreign investors. Such protections can include, amongst others, a promise that the foreign investor will be treated fairly and equitably. In certain circumstances, this can go so far as requiring the host State to respect a foreign investor’s legitimate expectation that certain laws or regulations would not be altered for the lifetime of their investment. As a country with around 60 Bilateral Investment Treaties that are currently in force, along with Multilateral Investment Treaties with investment provisions (notably including the Energy Charter Treaty), more foreign investors may follow suit and threaten claims against the Czech Republic in relation to the reforms. For more informationFor further information, please contact members of our Investor-State Dispute Settlement and Energy practices below. Ostatnie Publikacje
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