14.9.2016
News
Environmental Law
Disputes

Succesful representation of the company Carthamus in proceedings against the State Energy Inspectorate

Law firm KSB successfully represented the company  Carthamus, its long term client, an operator of energy sources working on the basis of biofuel burning, in administrative proceedings initiated by the State Energy Inspectorate  (SEI) concerning an alleged breach of the act on supported energy sources, which was alleged to comprise incorrect declarations of the origin and type of burnt biomass fuel.

According to the first-instance decision of the SEI Czech Budejovice, the company Carthamus was fined more than CZK 1.6 million for alleged violations of the act on supported energy sources. Based on the filed appeal prepared by KSB, however, the decision was annulled in its entirety, with the result being that the act on supported energy sources was not held to stipulate duties in respect of declarations concerning biomass fuels, which was the reason for the original imposition of the fine.

The decision in question has a significant impact both on defining the obligations of operators of biomass energy sources according to the act on supported energy sources, and also the obligations of the SEI in the implementation of state control.

KSB represents a number of operators of power plants operating renewable sources of energy, both in respect of construction and subsequent operation, as well as related administrative and judicial proceedings, including proceedings conducted by the Energy Regulatory Office, the State Energy Inspectorate, the Czech Environmental Inspectorate or based on a decision issued by these public organs.

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