GREAT BAY--The collective court case filed by the Association for Consumer Protection St. Maarten (ACP-SXM) against NV GEBE will formally appear on the docket of the Court of First Instance on Tuesday, November 10, marking the next procedural step in a legal challenge concerning electricity fuel charges, disputed customer balances and the disconnection of utility services.
The case, filed on September 15, 2026, seeks judicial clarification on several longstanding consumer concerns, including the legal basis and calculation of GEBE's Fuel Clause, the accuracy of outstanding balances following the utility company's 2022 cyberattack, and protections for customers disputing their bills.
According to ACP-SXM, November 10 is not the date of the court hearing. Instead, it represents the first opportunity for NV GEBE, represented by attorney Mark Kortenoever of LEXWELL, to submit its written defense against the association's petition.
GEBE may file its defense on that date or request a four-week extension, which ACP-SXM says the Court will grant. Any subsequent extension would require the association's approval.
Once GEBE submits its defense, the Court is expected to consult the parties regarding their availability before scheduling a hearing.
Based on the anticipated procedural timeline, ACP-SXM expects the hearing to take place sometime in 2027. The association said the additional time will allow it to continue gathering information relevant to the case.
Three Major Issues Before the Court
The association's petition focuses on three areas affecting electricity and water consumers across St. Maarten.
The first concerns the Fuel Clause, a monthly charge added to consumers' base electricity rates. ACP-SXM wants the Court to establish whether the charge has a lawful basis and whether its calculation can be properly substantiated.
The association points to an independent report commissioned by government that, according to ACP-SXM, found that the Fuel Clause formula could not be validated and identified approximately XCG 12.6 million in surplus funds collected from consumers.
ACP-SXM is seeking greater transparency regarding the calculation and justification of these charges.
"What we are asking is simple: that NV GEBE prove its numbers," ACP-SXM President Peggy-Ann Richardson said at the courthouse when the petition was filed in September.
The second issue involves disputed customer balances, particularly those dating back to the 2022 cyberattack that compromised GEBE's computer systems and records.
The association wants the utility company to substantiate amounts it claims customers owe and provide clear written responses to billing disputes within a reasonable period.
The third issue concerns the disconnection of electricity or water services when customers are challenging outstanding balances.
ACP-SXM argues that households disputing bills in good faith, while continuing to pay for their current consumption, should not face disconnection while the disputed amounts remain unresolved.
The association emphasized that its legal action is not intended to eliminate legitimate customer debts, establish new utility tariffs or secure free electricity and water.
It is also not seeking financial compensation for the organization itself.
Talks With GEBE Preceded Legal Action
The court proceedings follow several attempts by ACP-SXM to address consumer concerns directly with GEBE.
In June 2026, the association submitted a written petition containing nine demands and held multiple meetings with the utility company.
According to ACP-SXM, those discussions resulted in a temporary pause in disconnections, but further talks ended on June 30 after GEBE discontinued the discussions.
The association subsequently filed its collective court case in September.
ACP-SXM describes the proceedings as abodemzaak, meaning a trial on the merits rather than an expedited summary proceeding.
Such cases allow the Court to examine the facts, supporting evidence and legal arguments before delivering a final judgment, subject to any applicable appeal procedures.
The association describes the case as the first collective legal action of its kind brought by a consumer organization against St. Maarten's electricity and water provider.
Consumers Encouraged to Register Complaints
Richardson has maintained that the legal action is intended to establish accountability and protect consumers who have no alternative electricity and water supplier.
"NV GEBE is the only supplier this island has. Our residents cannot shop around, cannot switch providers, cannot walk away," Richardson said.
"This case is not an attack on NV GEBE, and it is not about politics."
As the proceedings advance, ACP-SXM is encouraging consumers with concerns about their utility bills, disputed balances, fuel charges or disconnections to formally register their complaints through the association's website.
The organization said it intends to continue gathering consumer information and providing updates as the case moves through the judicial process.
The November 10 docket date represents the beginning of the next stage of proceedings, with the substantive hearing expected in 2027.
The allegations and financial claims raised by ACP-SXM remain matters for the Court to examine. No ruling on the merits of the association's claims has been issued.
