“In particular, we see that large solar parks prior to 2013 were oversubsidised. The installations have been reimbursed, but the taxpayer continues to pay on top of the profits,” Demir explained earlier this year. According to her, the government should even intervene because otherwise the rules on state aid would be violated.
Problem: the subsidies were agreed with the companies involved at the time. Fernand Huts, who has invested heavily in solar panels with his Katoen Natie port company and is therefore one of those targeted, already spoke in threatening language towards Demir in February. Minister Demir also said earlier that he expects procedures.
But now she feels strengthened by advice from the State Council. According to the cabinet, the Council of State considers that its draft decree does not in itself conflict with the principle of legitimate expectations and with the principle of legitimate expectations. “It is invaluable that the State Council rejects all those who have defined our draft decree as a breach of contract and an attack on legal certainty,” Demir replies.
