docket Nov. 10, hearing likely 2027PHILIPSBURG – The Association for Consumer Protection St. Maarten (ACP-SXM) expects its court case against N.V. GEBE, challenging the legal basis of the company's Fuel Clause and its handling of disputed customer balances, to proceed to a substantive hearing in 2027.
In a case update published on its Facebook page, ACP-SXM said the petition it filed against GEBE on September 15, 2026, is on the docket of the Court of First Instance for Tuesday, November 10.
The association clarified that Tuesday's appearance will not be the actual hearing of the case, but GEBE's first opportunity to submit its written defence. The company may also request additional time, ACP-SXM said.
The association is asking the court to confirm three things: that GEBE's Fuel Clause must have a lawful basis; that the company must clearly substantiate disputed customer balances in writing; and that households should not be disconnected over balances they were never given a fair opportunity to verify.
In its update, ACP-SXM stressed that it is not asking for free utilities, for the court to set tariffs or for legitimate debts to be forgiven.
As President Peggy-Ann Richardson previously stated, “What we are asking is simple: that NV GEBE prove its numbers.” The first issue concerns the Fuel Clause, which customers pay monthly on top of the base electricity rate. ACP-SXM wants the court to confirm that the charge has a lawful basis.
The association previously cited an independent report commissioned by Government, which found that the Fuel Clause formula could not be validated and identified a surplus of approximately Cg. 12.6 million collected from consumers. ACP-SXM has questioned where the money went and whether it was lawfully collected.
The second issue concerns old balances disputed by customers, particularly those dating back to the 2022 cyberattack, when GEBE's systems and records were compromised for months.
ACP-SXM wants GEBE to provide clear, written and verifiable information within a reasonable time whenever a customer disputes an old balance.
The third issue concerns disconnections. The association is asking that households not have their electricity or water disconnected over disputed balances they were never given a real opportunity to verify.
The court filing followed attempts by ACP-SXM to resolve the issues directly with GEBE. The association had submitted a written petition containing nine demands in June and met with the company more than once in an effort to reach an agreement. Those discussions briefly resulted in a pause in disconnections. However, GEBE ended further discussions with the association on June 30.
The Association said the time ahead allows it to gather more information and indicated that the voice of consumers matter and is urging the public to register their complaint at www.acpsxm.com
