Court of Justice 6 February 2025, C-423/23 (Opinion of Advocate General Rantos delivered on 6 February 2025.)

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The Opinion of Advocate General Rantos addresses the legality of a national rule imposing a cap on market revenues from electricity generated by certain renewable sources, specifically in the context of EU directives and regulations aimed at promoting renewable energy and ensuring investment in the sector. The core legal question revolves around whether this cap, which does not allow producers to retain a portion of surplus revenues, aligns with EU law's requirements for preserving investments in renewable energy amidst rising electricity prices. The Advocate General suggests that the methodology used by the Italian Government may not adequately consider the economic viability of renewable producers, potentially undermining their ability to recover costs and incentivize future investments.AI