Court: Cooper must make new decision on Winair and Sint Maarten

WILLEMSTAD - Minister of Traffic, Transport, and Spatial Planning (VVRP), Charles Cooper, has until August 5 to make a new decision regarding the request from the Sint Maarten airline WINAIR to add extra flights to Curaçao. This is the outcome of a summary judgment between the airline and the Curaçao government. 

The court found that Cooper did not clearly indicate the legal basis, facts, and considerations upon which he based his decision to deny the airline an expansion of flights. 

The mere fact that the request was discussed “at the ministerial level between Curaçao and Sint Maarten” is, according to the court, insufficient justification for the decision made. As a result, the decision has been declared null and void. Cooper must have his reasoning reassessed during the case proceedings to determine if it is adequate to support his decision. 

A major point of criticism is that the minister did not sufficiently consider the interests of passengers wishing to fly between Curaçao and Sint Maarten without having to purchase tickets long in advance. 

The court has therefore ordered Minister Cooper to make a new decision on Winair's request from June 18, in which they asked for four additional flights, by August 5, 2024. Additionally, the minister must reimburse the legal costs incurred by Winair in this lawsuit. 

The airline is currently the only one operating flights between Curaçao and Sint Maarten, following the bankruptcy of Jetair. The ticket price is currently around $600.




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