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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.

Cobalt at a Glance

COBALT is a closely integrated alliance of top-tier law offices across the Baltics, uniting more than 250 attorneys and support staff. During 25 years of experience, we have become a strategic partner to our clients in handling both daily matters and complex large–scale transactions and disputes.

The firm’s broad spectrum of expertise and established position as the market leader gives a comprehensive basis for providing full-service business law advice.

Top international and regional businesses, financial institutions, state and local governments, and the region’s most promising start-ups are among our clients. We offer leading-edge solutions in key industry sectors: Consumer Products, Trade & Distribution, Real Estate & Construction, Pharmaceuticals & Healthcare, Energy & Utilities, Communications, Media & Technologies, Financial Services, Transport & Logistics.

COBALT has been named Baltic Law Firm of the Year 7 times receiving Chambers Europe, IFLR, The Lawyer and Mergermarket awards, and we are regularly listed amongst the top-performing M&A legal advisors in the Bloomberg, Refinitiv and Mergermarket deal tables. Recognized as the No.1 Lithuanian law firm in the Prospera Law Firm Review 2021 and No. 1 law firm in Latvia in 2022, 2020, 2019, and 2018 client satisfaction surveys. We were recognized as a Baltic-wide Law Firm of the Year at the 2022 Chambers Europe Awards ceremony and named the Baltic States Tax Firm of the Year and Pro Bono Firm of the Year at the annual ITR EMEA Tax Awards 2021 ceremony. 

More information on COBALT can be found at www.cobalt.legal.