German solar seeks constitutional shelter as lifting of subsidy cap is delayed

Facebook
Twitter
LinkedIn
Reddit
Email
The plea to Germany's Federal Constitutional Court in the city of Karlsruhe (pictured here) comes amid industry fears that the subsidy freeze will activate in coming weeks. Image credit: Mehr Demokratie / Flickr

The row over Germany’s so-called solar subsidy cover has reached new heights in recent days, following the launch of a constitutional plea over the repeated failure to remove the cap.

An unidentified solar firm from southern Hesse has now lodged a complaint before Germany’s Federal Constitutional Court in the city of Karlsruhe, calling on the government to make good on its pledge to undo a freeze of solar subsidies that will kick in once the market reaches 52GW.

This article requires Premium SubscriptionBasic (FREE) Subscription

Unlock unlimited access for 12 whole months of distinctive global analysis

Photovoltaics International is now included.

  • Regular insight and analysis of the industry’s biggest developments
  • In-depth interviews with the industry’s leading figures
  • Unlimited digital access to the PV Tech Power journal catalogue
  • Unlimited digital access to the Photovoltaics International journal catalogue
  • Access to more than 1,000 technical papers
  • Discounts on Solar Media’s portfolio of events, in-person and virtual

Or continue reading this article for free

The federal government – an alliance between chancellor Angela Merkel’s conservatives (CDU/CSU) and the social democrats (SPD) – first vowed to lift the cap in late 2019. A deal last month on a separate row over wind turbine distancing meant the solar reprieve was, in principle, ready to go.

However, MPs at the Bundestag failed in late May to enact the necessary legislation. With the parliamentary summer break around the corner, the industry fears the cap might not be lifted by the time PV installs reach the 52GW threshold, which is expected to happen in the coming weeks.

Germany's solar subsidy spat: A timeline of PV Tech coverage

29 May 2019: German solar calls for lifting of solar subsidy cap as market passes 47GW mark (see here to read the full story)

23 September 2019: Germany strikes tentative deal to lift solar subsidy cap (see here to read the full story)

19 May 2020: Deal on separate wind power dispute clears obstacle to lifting of subsidy cap (see here to read the full story) 

9 June 2020: Constitutional complaint lodged as solar industry nears 52GW subsidy cut-off point 

Carsten Körnig, chief executive of German solar body BSW, said the goal of the constitutional campaign is to pull the “parachute’s ripcord” and “prevent the impact at the last second”. The complaint has, he said, been supported by 100 other solar players in Germany.

Represented by Berlin law firm von Bredow Valentin Herz, the Hesse-based solar firm at the origin of the complaint alleges a “threat to its existence” from the solar subsidy cap, claiming that its fundamental rights to property under German law are being breached.

“Hopefully the Bundestag will be able to reach an amicable settlement in the coming week’s session by finally, bindingly deciding to abolish the solar cover,” said BSW’s Körnig. ”In this case, we will of course withdraw the constitutional complaint immediately.”

Recently approached for comment, a spokesperson from German’s federal government had told PV Tech the lifting of the PV subsidy freeze is to be adopted “at the next opportunity” by German MPs. “As far as we know, this shall happen in the very near future,“ they predicted.

Solar row for country eyeing post-COVID green future

The row over solar subsidies comes as Germany navigates its transition away from COVID-19 lockdown measures, amid efforts to lay the foundations of the economic recovery.

The stimulus package presented by chancellor Merkel in recent days will pour €130 billion (US$146 billion) into the economy. A €40 billion (US$45 billion) share is reportedly earmarked for climate initiatives, including electric vehicles, green hydrogen and energy efficiency upgrades.

German energy market association BDEW has hailed the proposals, including the capping of the renewables surcharge on power bills. The measures, BDEW said last week, will however fall short if Germany does not do away with the lingering “obstacles“ to wind and PV growth.

2 December 2025
Málaga, Spain
Understanding PV module supply to the European market in 2026. PV ModuleTech Europe 2025 is a two-day conference that tackles these challenges directly, with an agenda that addresses all aspects of module supplier selection; product availability, technology offerings, traceability of supply-chain, factory auditing, module testing and reliability, and company bankability.
10 March 2026
Frankfurt, Germany
The conference will gather the key stakeholders from PV manufacturing, equipment/materials, policy-making and strategy, capital equipment investment and all interested downstream channels and third-party entities. The goal is simple: to map out PV manufacturing out to 2030 and beyond.

Read Next

Premium
August 6, 2025
PV Talk: LevelTen’s Andrés Acosta discusses how an oversupply of clean projects is shaping Europe’s PPA market.
August 6, 2025
A subsidiary of JinkoSolar has filed a lawsuit in Munich accusing LONGi Green Energy and several subsidiaries of infringing on a solar cell manufacturing patent.
August 5, 2025
NextEnergy Capital (NEC), through NextPower V ESG, has acquired a 73MW agriPV portfolio in Campania, Italy.
August 5, 2025
Sonnedix and Prosolia have acquired projects, while Iberdrola has signed a 34MW PPA with Burger King covering 109MW total.
August 5, 2025
Despite trade policy uncertainty, the price of solar modules in the US has remained fairly stable in the past three months, according to solar and storage supply chain platform Anza.
August 1, 2025
The Q3 edition of our downstream solar PV journal, PV Tech Power, is now available to download.

Subscribe to Newsletter

Upcoming Events

Solar Media Events
September 16, 2025
Athens, Greece
Solar Media Events
September 30, 2025
Seattle, USA
Solar Media Events
October 1, 2025
London, UK
Solar Media Events
October 2, 2025
London,UK
Solar Media Events
October 7, 2025
Manila, Philippines