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Cobalt Successful for Biogas Power Plants Before Latvia’s Constitutional Court

Cobalt Successful for Biogas Power Plants Before Latvia’s Constitutional Court

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Cobalt has successfully represented biogas power plants Ziedi JP, AD Biogazes Stacija, Bio Future, Gas Stream, Conatus Bioenergy, International Investments, Agro Lecava, RZS Energo, and Macibu un Petijumu Staimnieciba Vecauce before Latvia’s Constitutional Court in a dispute related to specific requirements for the efficient use of thermal energy under mandatory procurement.

"The matter was initiated upon the application of several biogas power plants," Cobalt informed. "The applicants objected to certain requirements relating to the use of useful heat in the cogeneration process, as well as to the linking of this use to the determination of the amount of electricity sold under mandatory procurement. According to the applicants, the mentioned requirements were impossible to fulfill."

According to the firm, the Constitutional Court held that the disputed regulations concerning the calculation of the coefficient of performance applied to producers using biogas in cogeneration are incompatible with the Constitution of the Republic of Latvia. Consequently, the court declared the disputed norms invalid as of July 1, 2023. "However, regarding the applicants, the above provisions were declared invalid as of January 1, 2021," the firm reported.

The Cobalt team included Managing Partner Lauris Liepa and Senior Associate Toms Krumins.

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