WILLEMSTAD – The Fair Trade Authority Curaçao (FTAC) made a procedural mistake when attempting to enforce the collection of a ANG 450,000 fine imposed on Mangusa Supermarket. The court ruled that the document used by the competition authority was not a valid writ of execution.
FTAC imposed the fine on Mangusa in December 2024 for allegedly violating its obligation to cooperate with an investigation. The supermarket’s objection against the decision was rejected in May 2025. After Mangusa failed to pay the fine, FTAC sent a payment demand.
In October, the authority had the decision on the objection delivered to Mangusa through a bailiff. The bailiff’s report referred to the document as a writ of execution, allowing FTAC to proceed with enforcement measures.
However, the Court of First Instance ruled that the document did not meet the legal requirements of a valid writ of execution.
According to the court, FTAC should have issued a separate document that clearly identified itself as a “writ of execution” and included essential information such as the principal amount owed, collection costs and a statement that enforcement could take place at Mangusa’s expense.
No decision on the fine itself
Mangusa had asked the court to suspend the collection process until a separate appeal procedure regarding the legality of the fine was completed.
The court, however, declared itself unable to hear the objection because legally there was no valid writ of execution against which Mangusa could file an objection.
The ruling does not cancel the ANG 450,000 fine. The court did not rule on whether the original penalty imposed by FTAC was justified or lawful.
FTAC can likely continue its collection efforts by issuing a new writ of execution that complies with the legal requirements.
The court did determine that the procedural error was the responsibility of FTAC. The authority must therefore pay nearly ANG 3,500 in legal costs to Mangusa, plus at least ANG 250 in additional costs. If the judgment is formally served, another ANG 150 will be added.