WILLEMSTAD – The Supreme Court of the Netherlands has dismissed an appeal by the government of Curaçao in a case against Stichting Kadaster en Openbare Registers Curaçao. Prime Minister Gilmar ‘Pik’ Pisas’ administration sought to claim the foundation’s financial reserves, but both the Court of First Instance and the Common Court of Justice ruled against the demand. The Supreme Court found no grounds to overturn these decisions.
Legal Dispute Over Government Foundation’s Reserves
The core issue in the case was whether a government-affiliated foundation could be legally required to transfer its financial reserves to the government. The Common Court of Justice previously ruled that Curaçao had no legal basis for its claim, as Kadaster’s assets are not part of the government’s finances and there is no law supporting such a transfer.
Additionally, the court noted that the government itself established Kadaster’s legal structure during its privatization and cannot now argue that the reserves belong to the state. Furthermore, Curaçao failed to substantiate claims of unjust enrichment or demonstrate that the transfer could be legally enforced on the grounds of fairness and equity.
During the appeal hearing, discussions took place regarding the desirability of such a transfer. However, the court ruled that this was a policy matter, not a legal one, and declined to order an independent financial review by the Government Accountants Bureau (SOAB).
Final Verdict and Financial Consequences
Following its defeat in the Common Court of Justice, Curaçao took the case to the Supreme Court, but once again failed to secure a favorable ruling. The Supreme Court determined that the case presented no legal questions requiring further explanation and dismissed the appeal outright.
As a result, the government of Curaçao must cover legal costs amounting to over 16,000 guilders, plus an additional 2,200 guilders in legal fees for the foundation’s attorneys. If payment is not made within two weeks, interest will be applied.
This ruling marks the final decision in the dispute, closing the door on Curaçao’s attempt to claim the foundation’s financial reserves.