The Bulgarian Parliament has started reviewing the Energy from Renewable Sources Act (“ERSA”).
Several key amendments, relevant to the photovoltaic solar sector are introduced. We focus on two: the introduction of a fixed FiT level for the life of each Power Purchase Agreement and an attempt to introduce predictability in the capacity available for grid connections by agreeing detailed plans at the beginning of each 1 year period.
We find that the approach of having a fixed price/FiT level for the life of each agreement or 25 years (whichever is the shorter) is superior to the existing approach to pricing and contributes to certainty;
We would expect that there is a substantial risk that authorities and the Regional Electricity Distributors (REDs) would experience uncertainty as to the legal position in advance of the coming into effect of the new legislation and would lose enthusiasm in implementing the existing position – we would strongly urge that the Bill contains an express statement (of the obvious point) that the applicable regime remains in place until a named future date;
As regards one of the other major innovations — the introduction of a system of advance planning of the available capacity, we find this on the whole positive but would caution as follows:
a) a flattening of the decision-making structure may be preferable;
b) a greater clarity and spelling out of procedure as to the planning process would be needed at the level of implementing regulations under the Statute (and no doubt is being planned);
c) an express obligation for REDs and SCEWR/NEC to make public specific data (eg, access maps by capacity and levels of connectible voltage) (eg, via the web as well as their offices) may be recommended;
d) mechanisms for private as well as private enforcement (carefully considered and agreed for their practicability with stakeholders) would be highly desirable.
NBLO helps Dutch investor win summary judgment in High Court for the sum of GBP 192,000
New Balkans Law Office has acted for Mr Kooter, the individual claimant in legal proceedings recently covered by the British press (e.g., The Evening Standard) and subsequently also in Bulgarian news media (e.g., 24 Chasa).
NBLO has represented Mr Kooter throughout the matter. We assisted with the enforcement of a worldwide freezing order issued by the High Court in London against real estate, bank account and other assets of the defendant situated in Bulgaria. As part of the attempts to preserving assets for enforcing his claim, the claimant also proceeded on the basis of prejudiced against him as a creditor. NBLO additionally acted on various ancillary aspects.
Separately, through one of NBLO’s partners who is dual-qualified as an English barrister, NBLO formed part of Mr Kooter’s UK legal team. In the UK, Mr Kooter won summary judgment for the sum of £192,000, interest and legal costs. The sum awarded was the entire claim by Mr Kooter relating to sums which Ms Radeva had ostensibly offered to invest on his behalf. For a separate part of the claim (approx. €36,000), the High Court was unable to give a summary (effectively, early-stage) judgment on the basis that unlike the investment related claim, the basis of these transfers could not be established without a full investigation of evidence including oral hearings.
© New Balkans Law Office 2020