KRALENDIJK, WILLEMSTAD - Fundashon Mariadal and the Colombian company Sarpa SAS have been denied in summary proceedings with the request for an interim measure to allow flights between the former Dutch Antilles islands and Aruba by the Colombian Sarpa.
Mariadal and Sarpa had filed the case against Minister Charles Cooper of VVRP, who is responsible for, among other things, the Curaçao Civil Aviation Authorities (CCAA) and the Dutch Caribbean Air Traffic Navigator (DC-ANSP). With this, the plaintiffs sought to enforce permission to carry out the flights in question.
The problems began when Mariadal terminated a nearly 23-year contract for ambulance flights with the Bonaire-based Medicair BV. Instead, Mariadal entered into an agreement with the Colombian company Sarpa S.A.S., operating from Bogotá.
The aviation authorities in Curaçao quickly noticed that Sarpa was attempting to operate flights that exceeded the rights of Sarpa as a foreign provider. As a result, they imposed a ban on Sarpa from operating these flights.
During the hearing, which lasted several hours and involved a relatively large number of stakeholders, Mariadal and Sarpa argued that the company had previously operated certain flights between the islands. Therefore, they believed that the airline would also be authorized, on behalf of Fundashon Mariadal, to fly between the islands.
Government
However, the aviation authorities of Curaçao and Minister Cooper argued that Sarpa, as a foreign company, cannot operate such flights. They also argued that these flights between two 'domestic' destinations do not fit within the protocol between Curaçao and Colombia. To illustrate, they mentioned that a company based on the islands, such as Z-Air, is also not allowed to fly between two cities in Colombia.
Unauthorized
Judge Martines briefly summarizes the arguments of both parties in her judgment before reaching a conclusion. She then concludes that the Court of First Instance is not authorized to issue a temporary regulation or emergency measure regarding the required permits for the flights.
Martines considers that there cannot be a refusal of permits by Minister Cooper, just because he sent several emails to both Sarpa and Mariadal reminding them that the flights were not permitted. "This is essentially a reminder to the parties that Sarpa was not allowed to operate flights for which it does not have the required permits."
Local company
A factor in the case is the existence of a local company, Medicair, that can perform ambulance flights. This, in the view of the competent authorities, makes it unnecessary to deviate from existing regulations and protocols regarding the rights of a foreign company.
Due to the way the Court currently operates, with so-called 'thrusts' to an appeal or a main case, it is noted that it is not possible for the plaintiffs to appeal against the judgment.
In conclusion, the judgment means that Fundashon Mariadal will have to return to the negotiating table with Medicair, which can perform the flights, or come up with another solution that fits within existing aviation rules, permits, and protocols.
