Abstract

Energy communities (Ecs) are new business organisations, recently introduced by directive 2018/2001/Ue (Red II) and directive 2019/944/Ue (Iemd), as a mean to enhance clean energy transition and advance energy efficiency within local communities. After a brief analysis of their regulation at the European level, this contribution will investigate their legal status under Italian law. Drawing insight from the first Ecs organised in Italy, it will be argued that, although Ecs can take many legal forms under national laws, in practice they are more prone to be formed as simple partnerships. This conclusion will bring us to investigate broader trends in Italian organisational law, which are linked to the minimal regulation of simple partnerships as compared to alternative forms of business organisation.