The Supreme Court finds the State, in its legislative capacity, liable for passing Royal Decree-Act 1/2012

The judgment determines the application for judicial review made by a developer of photovoltaic facilities upon the Cabinet’s dismissal of the liability claim for losses caused by the entry into force of Royal Decree-Act 1/2012. The developer was affected by the suspension (which subsequently became a de facto cancellation) of the procedure for entry on the Register for the Pre-Allocation of Remuneration to Photovoltaic Facilities (abbrev. «PREFO»), registration that constituted an essential requirement to receive the regulated tariff under Royal Decree 1578/2008, of 26 September, concerning the remuneration for the production of electricity using solar photovoltaic technology open to facilities subsequent to the deadline for the remuneration under Royal Decree 661/2007, of 25 May, for such technology («Royal Decree 1578/2008»)…