Solar developer demands compensation after government fails to approve two solar parks
Enerpro Fuerteventura Solar I has taken the Government of the Canary Islands to the Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC), demanding patrimonial liability for letting the authorisation of two photovoltaic plants lapse. The sites, located at the exit of the El Charco neighbourhood, had also been unanimously rejected by the municipal council.
Background
The developer of the two solar parks planned for Puerto del Rosario has filed a claim against the Canary Islands Government before the TSJC’s Administrative Chamber. According to a notice from the Directorate General of Energy published in the Official Canary Islands Gazette (BOC No. 082), ordinary procedure 104/2026 was initiated by Enerpro Fuerteventura Solar I, S.L. to contest the presumed dismissal of a patrimonial‑responsibility claim.
The claim concerns the expiration of the administrative procedure for the execution and commissioning of the Fuerteventura Solar I and Fuerteventura Solar II photovoltaic centres, with capacities of 2.4 MW and 2.5 MW, respectively. Both installations are situated very close to the urban core of Puerto del Rosario, specifically at the exit of the El Charco neighbourhood towards the La Hondura industrial area. In the same vicinity, another solar park—ISF Las Cabras—has also been rejected by the Island Council.
Freno a las renovables sin control
In January 2024, the full council of Puerto del Rosario unanimously approved an institutional motion urging the Canary Islands Government to suspend the approval and implementation of photovoltaic and wind parks in the municipality, including the two projects promoted by Enerpro. The motion also referenced two other facilities: the Las Cabras solar park (blocked by the Island Council due to its proximity to the Majada Marcial neighbourhood) and a photovoltaic plant called Blanca Solar.
The motion rejected the application of Article 6 bis of Law 11/1997 on the Regulation of the Canary Islands Electricity Sector, an exceptional procedure that has become “a widespread practice.” The municipal council argued that the parcels earmarked for these parks lie within strategic territorial protection zones and are not suitable for industrial use; proceeding would, in their view, negatively affect the planned urban growth model.
The government’s inaction aligns with statements from the Canary Islands’ Minister of Ecological Transition and Energy, Mariano H. Zapata, who, since July 2025, has pledged to limit the use of the 6‑bis procedure to the so‑called Renewable Acceleration Zones, or only when the electricity supply is at risk.
Possible Compensation to Be Decided by the TSJC
According to the BOC notice, the company attributes the expiry of its file to the Government of the Canary Islands’ failure to approve the decree that would have authorised the execution of both installations. The official publication does not resolve the merits of the dispute nor constitutes a judgment against the administration. It merely records a procedural step whereby the Directorate General of Energy forwards the administrative file to the First Section of the Administrative Chamber of the TSJC in Las Palmas de Gran Canaria.
The notice also summons any parties who consider themselves interested to appear before the Chamber within nine days of the Gazette’s publication. Should the developer’s claim succeed, it would entitle the company to financial compensation for the losses incurred.