TARGET successfully represented Five-E Italy Green before the Italian Council of State

Track record

TARGET successfully represented Five-E Italy Green S.r.l., with a team led by Partner Domenico Segreti and Managing Associate Giuseppe Salamone, in proceedings before the Italian Council of State. With judgment No. 6352/2026, the Council dismissed the appeal brought by the Municipality of Codogno and upheld the first-instance decision in favour of the company concerning a photovoltaic project in the Province of Lodi.

The ruling clarifies an important principle concerning areas suitable for renewable energy projects, confirming the autonomous and alternative nature of the provisions set out in Article 20(8)(c-ter) and (c-quater) of Legislative Decree No. 199/2021.

Read the full analysis on our website: With its recent judgment No. 6352/2026, the Italian Council of State dismissed the appeal brought by the Municipality of Codogno, upholding the first-instance decision of the Lombardy Regional Administrative Court – Milan in favour of Five-E Italy Green S.r.l. in relation to a photovoltaic plant to be developed in the Province of Lodi.

The decision consolidates an important principle for the development of renewable energy projects: the provisions set out in Article 20(8)(c-ter) and (c-quater) of Legislative Decree No. 199/2021 concerning suitable areas operate autonomously and alternatively, rather than cumulatively. In particular, paragraph (c-quater) does not impose additional restrictive requirements on the areas already covered by paragraph (c-ter), but identifies further categories of suitable areas, thereby expanding – rather than limiting – the scope of land available for renewable energy installations.

In this case, the area concerned by the project was deemed suitable pursuant to Article 20(8)(c-ter)(2) of Legislative Decree No. 199/2021. Since paragraphs (c-ter) and (c-quater) operate autonomously and on an alternative basis, rather than cumulatively, compliance with the requirements set out in paragraph (c-quater) – including the 500-metre buffer zone from properties protected under Part II of the Italian Cultural Heritage and Landscape Code – was deemed unnecessary. Indeed, paragraph (c-quater) applies “without prejudice to” the provisions of the preceding paragraphs and identifies additional categories of suitable areas, rather than imposing further requirements on those independently qualifying under paragraph (c-ter).

In the proceedings before the Italian Council of State, Five-E Italy Green S.r.l. – a company belonging to the FIVE-E Group, which is active in the development and implementation of sustainable projects in Italy – was represented by TARGET with a team led by Partner Domenico Segreti and Managing Associate Giuseppe Salamone, members of the firm’s Administrative and Energy practice.