Impax, Hudson Clean Energy Join Investors Suing Spain on Solar Subsidy Cut

Impax Asset Management Group Plc (IPX), Hudson Clean Energy Partners and HGCapital are among at least 15 international investors suing the Spanish government over retroactive cuts to the country’s solar power subsidies.

The companies have invested more than 4 billion euros ($5.6 billion) in Spanish solar photovoltaic projects and are seeking reparations under the Energy Charter Treaty, the law firm Allen & Overy that’s representing the fund managers said today in an e-mailed statement. They didn’t specify how much damages they’re seeking. Two calls to Spain’s industry ministry today weren’t answered.

The government on Dec. 23 issued a decree that cut subsidies for existing solar power plants, which industry executives and investors say should have been guaranteed for 25 years under a 2007 law. Today’s suit follows the Jan. 12 announcement by the Photovoltaic Business Association lobbying group that it would challenge the cuts in the Supreme Court.

“The changes that Spain has made to the PV sector will cause substantial harm to these investors,” Stephen Jagusch, international arbitration partner at Allen & Overy, said in the statement. “Spain’s actions appear clearly inconsistent with the investor protections afforded by the Energy Charter Treaty, which is why we and the investors believe there is very strong case for compensation.”

The Energy Charter Treaty entered into force in 1998 and binds 51 nations to common rules on energy markets.

London-based Impax and HGCapital and Teaneck, New Jersey- based investor Hudson were joined by other investors in suing the government. They include AES Solar Energy Ltd. (SLRE), Ampere Equity Fund, Element Power, KGAL GmbH &Co. KG and Foresight Group LLP, according to today’s statement.

To contact the reporters on this story: Alex Morales in London at amorales2@bloomberg.net; Ben Sills in Madrid at bsills@bloomberg.net

To contact the editor responsible for this story: Reed Landberg at landberg@bloomberg.net

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