WILLEMSTAD – The Joint Court of Justice has ruled that the Minister of Economic Development must reconsider the permit application of solar energy company Otium, which seeks authorization to generate electricity with solar panels.

According to the Court, the minister incorrectly assessed Otium’s application. The company had submitted two separate requests: one to supply electricity directly to customers, and another for a permit to generate electricity. By law, every electricity producer must hold such a production permit. The fact that other companies currently generate power through agreements with Aqualectra without permits cannot be used as a reason to deny Otium.

The ruling clarifies that nothing changes regarding electricity supply to customers: the exclusive right to sell power to households and businesses remains with Aqualectra. However, if granted the production permit, Otium must be connected to the national grid by Aqualectra.

The Court gave the minister six months to issue a new decision on Otium’s production permit. It also emphasized that if multiple producers enter the market, the government will need to establish clear policies to fairly determine who is allowed to generate electricity, particularly in cases where production may exceed demand.

Additionally, the Court ordered the minister to reimburse Otium’s legal costs and court fees, amounting to more than 3,000 guilders.