WILLEMSTAD – Otium B.V. appeared in court again on Wednesday morning in a legal dispute with the Ministry of Economic Development (MEO) over the long-running refusal to grant the company a production concession for large-scale solar energy on Curaçao.
Otium aims to produce solar power on a commercial scale in order to break the existing monopoly in the energy sector and contribute to lower electricity tariffs. The ministry has so far declined to issue the required production license, prompting continued legal action.
In September last year, the Court of Appeal ruled that the minister had wrongly rejected Otium’s application by assuming the company was seeking an integrated concession for both production and supply. The court made clear that Otium is entitled to apply for a separate production concession. The minister was given six months to take a new decision, a deadline that expires on March 17.
As part of that ruling, the court also instructed the minister to develop policy for the allocation of production capacity in consultation with all relevant stakeholders. These include Aqualectra, Otium, and companies holding existing power purchase agreements. According to Otium, despite repeated requests over the past five months, the minister has refused to enter into consultations. Attempts by Otium to engage directly with Aqualectra also went unanswered, the company’s legal counsel told the court.
Due to the lack of consultation, Otium initiated summary proceedings. In court, the company’s lawyer accused the ministry of favoritism. He argued that Aqualectra is being given preferential treatment while Otium is being excluded from a process in which consultation is mandatory.
The government rejected those accusations, stating that there is no evidence of bias. Attorneys representing the state argued that careful analysis is required before a new decision can be taken. According to them, relevant institutions are working on preparations and Otium must exercise patience. They also maintained that there is no urgent legal interest justifying immediate court intervention.
Otium’s lawyer dismissed that position as delaying tactics. He pointed out that plans for the solar park have been known for six years and that the broader process between the parties has been ongoing for nearly a decade. Continued delays, he argued, are seriously damaging Otium’s position. Time, he said, works in favor of the ministry and Aqualectra, while being Otium’s greatest disadvantage.
Although the minister is formally required to take a new decision by March 17, it became clear during Wednesday’s hearing that this deadline is unlikely to be met. The court has not yet indicated when it will rule in the summary proceedings.