WILLEMSTAD – The Joint Court of Justice has ordered the Curaçao government to finally decide on a long-pending permit application from solar energy company Otium, warning that the country could face a penalty of NAf 1 million if it fails to comply by January 1, 2027.
In a ruling issued this week, the Court found that the Minister of Economic Development had failed to comply with an earlier judgment ordering a new decision on Otium’s application. Last year, the Court gave the minister six months to reconsider the company’s request for a production concession, but that deadline passed without a decision being made.
The Court has now imposed a new deadline and instructed the government to develop a transparent policy for allocating electricity production capacity before making a new decision on Otium’s application. The process must include consultation with all relevant stakeholders, including Otium itself.
Otium argues that it has been excluded from discussions for years despite repeated attempts to engage with both the government and utility company Aqualectra. According to the company, the continued delays are preventing the development of a large-scale solar energy project that could increase competition in Curaçao’s electricity market and ultimately help lower energy costs for consumers.
The dispute dates back several years. Otium has been seeking a production concession since at least 2021 and has proposed a solar park capable of generating electricity for distribution through Aqualectra’s network. The company maintains that it is not seeking the right to supply electricity directly to customers but only permission to produce renewable energy and sell it into the existing grid.
The Court warned that if the government does not comply with the latest order by the beginning of next year, Curaçao will be required to pay a penalty of NAf 1 million.
The ruling marks the latest chapter in what has become one of the island’s most closely watched legal battles involving renewable energy policy and the future structure of Curaçao’s electricity market.