Germany’s solar industry federation (BSW) has called upon the Federal Constitutional Court, Germany’s Supreme Court, to issue an injunction to end a cap on support of new solar projects.

The government several times had promised it will abolish a rule that stipulates that no more support should be paid for new installations once the country’s cumulated installed PV capacity reaches 52GW, which is expected soon.

But so far, Berlin hasn’t legislated to end the rule. The BSW also appeals to members of parliament to end the cap as it says next week is the last chance to do so before the summer recess for both the Bundestag (lower house) and the Bundesrat (upper house) to still vote on it.

The complaint against the solar support cap is supported by 100 companies in trade and the energy business, and led by a solar company in Hesse state that sees its existence threatened once the solar support cap is reached.

“With the constitutional complaint, the solar industry is pulling the rip cord on the rescue parachute to prevent the impact at the last second,” BSW managing director Carsten Körnig said.

If both houses of parliament were to legislate to end the solar cap, the BSW will withdraw the complaint.

Without abolishing the support cap, Germany’s solar market would be cut in half, and even a temporary interruption would cause massive damage to the solar industry, it adds.