Eskosol v. Italy

In 2015 Belgian company Eskosol filed a claim under the fair and equal treatment provisions of the Energy Charter Treaty against Italy, arising from Italy's changes to its incentive scheme for renewable energy. According to the claimant, two State measures adopted in March and May 2011 (the Romani Decree and the Fourth Energy Account) rendered its photovoltaic project unviable and led to the company’s bankruptcy. The claim was dismissed by the Tribunal on the basis that although Eskosol had obtained land rights for the development of solar PV installations these had not become operational prior to the changes to the scheme due to the company's inability to obtain financing. The company could not therefore claim to have a legitimate expectation of continuing to benefit from the scheme.