Feed-in tariff energy remains
WILLEMSTAD - The Association for Sustainable Energy was not able to convince the magistrate in the lawsuit filed against the government of Curaçao. This means that the new, introduced per January 1, 2015, feed-in tariffs for renewable electricity, mainly wind and solar power, are maintained and will not be put on hold until the main proceedings in court.
Although the court agreed with the association when it comes to the urgent interest, all the other points raised were refuted structurally.
The court indicated in its ruling that the mode of formation of the new fees is not in contrast with the principle of due care.
The court also pointed out that the minister was not under the obligation to seek advice from the private and business end users. However, the Minister had to gather the relevant information and knowledge, which happened by requesting an evaluation.
According to the court there is no conflict with the formal or substantive principle of legal certainty, equality and fair play.
It is stated that the Minister has a broad power to establish price regulation. Moreover, there is no room in a court proceeding to check if the minister had (in) appropriately made us of this competence.