PHILIPSBURG, WILLEMSTAD – On February 17, 2025, the Court of First Instance of Sint Maarten issued a ruling in the case between airline Z Air (EZ Air B.V.) and the Minister of Tourism, Economic Affairs, Transport, and Telecommunications (TEATT) of Sint Maarten.
In its ruling on Monday, the court determined that the additional conditions imposed on Z Air's flight permits by the Civil Aviation Authority of Sint Maarten (CAASM) were unlawful and unnecessary.
CAASM had required Z Air to submit a letter signed by both the Curacao Civil Aviation Authority (CCAA) and the U.S. Federal Aviation Administration (FAA), confirming oversight arrangements for Z Air's U.S.-registered aircraft. Sint Maarten had argued that it was unclear how operational oversight of Z Air’s flight operations was divided between the United States and the CCAA.
The court ruled that the minister failed to provide sufficient justification for why this letter was necessary for safe flight operations. The division of responsibilities, according to the court, was already adequately regulated under existing laws and regulations. Additionally, securing a statement from the FAA was beyond Z Air’s control, making the requirement disproportionate and unreasonable.
After considering all factors, the court decided to annul the disputed conditions and ordered the issuance of the permits that Z Air had originally applied for in February 2024.
A Justified Ruling
CCAA Director Peter Steinmetz welcomed the court’s decision. "The court rightly ruled that imposing additional conditions, beyond those outlined in the Kingdom’s aviation protocol, should be limited to national laws and regulations. That was not the case here," said Steinmetz.