SolarWorld defiant after being ordered to pay US$763.5 million in damages

July 27, 2016
Facebook
Twitter
LinkedIn
Reddit
Email
SolarWorld has repeated its assertion that the claim will not be enforceable in Germany. Source: SolarWorld.

SolarWorld has issued a defiant statement in response to it being ordered to pay damages amounting to US$763.5 million.

The case, relating to breach of take-or-pay polysilicon contracts with Hemlock Semiconductor, has already been running for more than three years. SolarWorld has confirmed that it will appeal the judgement in the US, a process it claims will take a year. 

This article requires Premium SubscriptionBasic (FREE) Subscription

Try Premium for just $1

  • Full premium access for the first month at only $1
  • Converts to an annual rate after 30 days unless cancelled
  • Cancel anytime during the trial period

Premium Benefits

  • Expert industry analysis and interviews
  • Digital access to PV Tech Power journal
  • Exclusive event discounts

Or get the full Premium subscription right away

Or continue reading this article for free

Michigan law states that in order to appeal, an appeal bond equal to 1.25 times the final award must be posted.

SolarWorld also repeated its assertion that any claim in the US will not be enforceable in Germany.

“There are anti-trust concerns under European law regarding the effectiveness of the underlying supply contracts,” the company said in a statement.

“If a potential final ruling by a US court was to be enforced in Germany, Hemlock would have to initiate a recognition process at German courts according to Sec. 722 (1) of the German code of civil procedure. These proceedings would require the existence of a final – i.e. non-appealable – judgment from the United States.

“Furthermore, the US single judge explicitly said that the court did not consider proof of illegality under EU anti-trust but also that this argument would receive its day in court later on. Thus, SolarWorld AG is convinced that such a procedure of recognition and enforcement will fail to be concluded successfully in Germany. The risk assessment of SolarWorld AG has thus not changed,” the statement concluded.

Investor concern

At the SolarWorld AGM in June, there was concern from one investor, that the company had not sufficiently acknowledged the risk represented by the case.

Court documents show that SolarWorld was offered the chance by Hemlock to have the case dropped in return for it withdrawing its trade complaints against Chinese cell and module makers. This would then see Chinese authorities drop their complaint against US polysilicon.

SolarWorld did in fact send a letter to US authorities but there was disagreement on changes to the wording. Hemlock called these “quite significant and disappointing”.

16 June 2026
Napa, USA
PV Tech has been running PV ModuleTech Conferences since 2017. PV ModuleTech USA, on 16-17 June 2026, will be our fifth PV ModulelTech conference dedicated to the U.S. utility scale solar sector. The event will gather the key stakeholders from solar developers, solar asset owners and investors, PV manufacturing, policy-making and and all interested downstream channels and third-party entities. The goal is simple: to map out the PV module supply channels to the U.S. out to 2027 and beyond.

Read Next

November 13, 2025
US solar hardware manufacturer Create Energy and Swiss cable producer Stäubli have announced a partnership to produce a new solar connector product.
Premium
November 13, 2025
Analysis: The opening of Corning's Michigan wafer plant puts it in a strong position to supply US-made, FEOC-compliant products, while competition from outside remains scarce.
November 13, 2025
US tracker manufacturer FTC Solar has entered into a purchase agreement to acquire the remaining 55% stake in steel manufacturer Alpha Steel.
November 12, 2025
Nextracker has rebranded itself as ‘Nextpower’ to reflect what the company said was its evolution from solar tracker supplier to a “full-platform” provider of integrated energy solutions.
November 12, 2025
Qcells has announced plans to reduce pay and working hours for one-third of its 3,000 employees in the US state of Georgia.
Premium
November 12, 2025
PV Talk: Stefano N. Granata of STS discusses the growing momentum behind back contact cell technology as manufacturers and investors embrace higher-efficiency solutions.

Upcoming Events

Solar Media Events
November 25, 2025
Warsaw, Poland
Solar Media Events
December 2, 2025
Málaga, Spain
Solar Media Events
February 3, 2026
London, UK
Solar Media Events
March 24, 2026
Lisbon, Portugal
Solar Media Events
June 16, 2026
Napa, USA