The Court of First Instance has questioned the justification for removing 15 commissioners from companies in which Utilities Aruba N.V. (UA) is a shareholder, and has ordered that all 15 be taken back with full pay and allowed to resume their duties—pending a fuller case on the legality of their dismissal.
In July 2025, the commissioners received letters stating that general meetings had lost confidence in them and that they were no longer board members. The summary proceedings were brought against WEB Aruba N.V., N.V. Elmar, Aruba Wastewater Sustainable Solutions (AWSS), Aruba Renewable Energy N.V. (ARE), and Utilities Aruba N.V.
On admissibility, the judge agreed with Utilities Aruba N.V. that it cannot be treated as the same as the operating companies where the commissioners actually serve, and therefore declared the claims against UA inadmissible.
On the merits, the court found the companies did not provide sufficient motivation for the removals. A change of government alone is not enough reason, the judge noted, aligning with the commissioners’ argument that the decision appeared politically motivated.
The court suspended the July 11, 2025 removal decisions taken at the UA-affiliated companies until a deeper proceeding determines their legality. The companies must pay the commissioners’ salaries and benefits as set out in their contracts and allow them full access to offices, meetings, documents, management information, and communications necessary to perform their oversight roles.
For non-compliance, each company faces a penalty of Afl. 2,500 per day, capped at Afl. 250,000.
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