A closer look at retroactivity in Spanish Law

Piet Holtrop, HOLTROP S.L.P. Transaction & Business Law.

Recently the Spanish renewable energy sector was shaken by a salvo of legislative changes which together may profoundly affect its return on investment. The photovoltaic energy sector has been punished most severely by this development. In the early days of last December we published an article on RD1565/2010, and in the first days of this January month we published an article on RDL14/2010. You can check out these posts for a closer analysis of the content of the aforementioned legislative changes. in this post we will analyse the retroactive effect of these measures, and the legality of such retroactive effect under Spanish Law.