Solar company insolvent
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What claims remain with you despite insolvency
What customers of an insolvent solar provider should know about down payments, defects and financing
Your solar provider is insolvent and the system has been paid for, but is incomplete or defective? Your claims are not automatically lost. In addition to filing a claim with the insolvency administrator, manufacturers, guarantors, financiers, or intermediaries may be liable. Rogert & Ulbrich will examine against whom you can take action and enforce your rights.
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3Solar provider insolvent: What happens now?
When a solar company files for insolvency, the insolvency court usually appoints a provisional insolvency administrator first. Once the proceedings are opened, the insolvency administrator takes control of the company's assets. Installation appointments are canceled, defects are no longer rectified, and service requests go unanswered.
For contracts that both parties have not yet fully performed, the insolvency administrator has a right of election (§ 103 InsO). He can perform the contract or refuse performance. If he refuses, you retain a claim for damages, which you must assert as an insolvency claim. You can then no longer rely on the completion of the project.
There is also a time risk. According to the current draft of the Renewable Energy Sources Act (EEG) amendment, the fixed feed-in tariff for new plants is to be abolished from January 1, 2027. If commissioning is delayed due to insolvency, you could suffer significant financial disadvantages. Whether and against whom claims arise depends on the individual case and the final wording of the law.
Received mail from the insolvency administrator? Do not respond until you know what the letter means for your claims.
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Register claims correctly in the insolvency schedule
Claims against the insolvent company can only be pursued in insolvency proceedings. To do so, you must submit your claim in writing to the insolvency administrator (§ 174 InsO). The submission must state the basis and amount of the claim. You should attach the contract, invoices, and proof of payment.
The deadline for filing claims is set out in the insolvency court's opening order. While late filing is generally still possible (§ 177 InsO), it can incur additional costs. Claims that can be filed include, for example, advance payments made for services not rendered, damages for non-performance, and additional costs for completion or rectification of defects by another company.
Realistically, creditors often receive only a fraction of their claim from the insolvency estate, the so-called quota. Therefore, while registering their claim in the schedule of claims is important, it is usually not the only option. The crucial question is who is liable outside of the insolvency proceedings.
An incorrect application can jeopardize your claim. Have the amount and justification checked before submitting.
Who can be held liable besides the insolvent provider?
Insolvency does not end the liability of all parties involved. Depending on the contractual arrangements, other defendants may be liable:
- Manufacturer: Product and performance warranties for modules, inverters and storage systems apply regardless of the insolvency of the seller (§ 443 BGB).
- Guarantors: If your down payment was secured by a down payment or performance bond, you can make a claim against the guarantor.
- Financiers: In the case of linked contracts, you can also raise objections against the seller against the bank (§ 359 BGB).
- Intermediaries and sales partners: Independent intermediaries can be held liable for their own errors in advice or incorrect statements regarding profitability.
- General contractor: If the insolvent company was only a subcontractor, your actual contractual partner remains liable.
- Managing Director: In exceptional cases, those responsible are personally liable, for example if advance payments were accepted despite apparent insolvency.
Which defendants could be liable in your case depends on the contract, payment methods, and warranty documents. We systematically examine all parties involved.
Insolvency is often not the end of the chain of liability. Have it checked who is responsible for your damages.
Incomplete or defective system: What happens next?
If the system is only partially constructed, the question of completion arises. Before another company continues work, you should carefully document the current state. Photos, a list of the existing components, and, if necessary, an expert report will provide a basis for any future claims.
It also needs to be clarified who owns the delivered components. Wholesalers often deliver under retention of title. Whether this retention remains in effect after installation on your roof is a legal question that depends on the individual case. Do not release any components until the ownership has been verified.
Furthermore, check whether the system has been registered with the grid operator and entered in the market master data register. If these steps are missing, no feed-in tariff will be paid. You can claim any additional costs incurred due to completion, rectification of defects, or subsequent registration and, if necessary, pursue them against other parties involved.
Do not allow anyone to continue working on the system without documentation.
Is your system unfinished and sitting on the roof? Secure its condition and ensure that further steps are legally protected.
Financing continues: Your rights vis-à-vis the bank
The situation is particularly burdensome if you are repaying a loan for a system that is not working or is only partially functional. If the solar provider arranged the loan or works closely with the bank, a linked contract often exists (Section 358 Paragraph 3 of the German Civil Code).
In this case, you can refuse repayment to the extent that you would be entitled to refuse performance vis-à-vis the seller (§ 359 BGB). If you effectively revoke the purchase agreement, you are also no longer bound by the loan agreement. Our team will also assist you in reviewing your loan agreement. banking law.
Do not stop making your payments on your own initiative. Without careful review, you risk loan termination and a negative entry with credit bureaus.
Are you paying for an investment that isn't working? Have your bank check if you can raise objections.
What you should do now after your solar provider's insolvency
First, gather all relevant documents: contract, offer, invoices, proof of payment, guarantees, warranty certificates, and the loan agreement. You can find the file number, the name of the insolvency administrator, and the deadline for filing claims at insolvenzbekanntmachungen.de. Document the status of the system with photos, component serial numbers, and monitoring data.
Afterwards, submit your claim to the insolvency administrator on time, in full, and with supporting documentation. Register modules, inverters, and storage systems with the manufacturer if you haven't already done so, to ensure the warranties are valid. At the same time, you should investigate whether you can contact guarantors, financiers, brokers, or a general contractor.
The deadline for filing a claim is often short. Act now so you don't miss any opportunities.
FAQs – Frequently Asked Questions about the insolvency of the solar provider
Rogert & Ulbrich – Your lawyers in solar law
Rogert & Ulbrich is a nationwide law firm specializing in the enforcement of consumer economic claims. The lawyers Dr. Marco Rogert and Tobias Ulbrich With their team, they have handled over 40,000 cases and filed more than 25,000 lawsuits. In solar law, they combine experience in sales and works contracts with an understanding of technical contexts and the sales practices of the solar industry.
We review your contract, offer, profit forecast, invoices, financing documents, and all previous correspondence. We pursue your claims against the seller, installer, manufacturer, financier, or insolvency administrator out of court. If necessary, we conduct independent evidence proceedings and file lawsuits. The entire process, from initial engagement to all correspondence, is fully digital; your online file is accessible at any time.
Is your solar provider insolvent and your system unfinished, defective, or is the financing still ongoing? Get in touch and secure your rights.
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