Energie e Comunità di Utenti

Energy, as an implementation of the ecological value, can fulfil a variety of functions, both economic and existential. The concept of energy as an asset that can be valued only economically is therefore overcome. It can take on an axiological character where it aims to satisfy the person’s basic needs. For this purpose, it can be called «energy minimum». This concept determines an objective extension of the patrimonial nature of the performance pursuant to art. 1174 of the Italian Civil Code. The latter will include utilities that are both of a stricto sensu patrimonial character and of an ecological-existential character. The pursuit of ultra-individual purposes, therefore, leads to «social» obligatory relationship, which presupposes a relationship between complex legal situations whose imputed centre of interests is by nature plurisubjective, exceeding the subjective sphere of the creditor or debtor. In this scenario, Renewable Energy Communities (REC) are entrepreneurial entities with subjectivity as they pursue worthy of protection interests that are new and distinct compared to those of the people who participate in them. They create economic and social benefits for themselves and third parties, direct or indirect beneficiaries. The RECs are therefore an emblematic example of «social» obligatory relationship. The relationships between the subjective situations of the community-entity and its members, as well as those between the subjective situations of the entity and third parties, in the initial and management phases, refer, in fact, to an intrinsically plurisubjective centre of imputation of interests. The functional peculiarities of RECs cause the production of direct or indirect effects on third parties in relation to the legal relationship of negotiation source whose ratio is found in the realisation of constitutionally relevant interests, as close to the existential sphere of the person.