Sun Tax – Sentence Constitutional Court Against Murcia

Published in the State Bulletin on the 9th of January 2017 a sentence from the Constitutional Court in a case against the Murcia government.

Murcia had approved a law that would make certain photovoltaic installations exempt from paying the ´peaje/suntax´ by isolating them from the regular grid by technical/physical means. As this category of ´isolated´ installations is not foreseen in national law and it is not the legal capacity of regional government to invent them, this provision in the Murcia law has been declared inconstitutional and thus nul and void.

Several cases against the ´suntax´ as mentioned in the Spanish national law on Auto Consumo energy supplied by alternative sources still pending at the European Court. As soon as there is any news we will of course inform our members.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.