PHILIPSBURG/WILLEMSTAD – The Court of First Instance of St. Maarten has issued a ruling on February 17, 2025, in the case between airline Z Air (EZ Air B.V.) and the Minister of Tourism, Economic Affairs, Traffic, and Telecommunications (TEATT) of St. Maarten.

In its decision handed down on Monday, the Court determined that the additional conditions imposed on Z Air’s permits by the Civil Aviation Authority Sint Maarten (CAASM) were both unlawful and unnecessary.

CAASM had required a letter, signed by the aviation authorities of Curaçao (CCAA) and the United States Federal Aviation Authority (FAA), ensuring oversight of Z Air’s aircraft registered in the United States. St. Maarten argued that it was unclear how operational oversight responsibilities were divided between the United States and the Civil Aviation Authority Curaçao (CCAA).

The Court found that the Minister had not sufficiently substantiated why this letter was necessary for safe flight operations. The judge hearing the case contemplated that the division of responsibilities is adequately addressed in existing laws and regulations. Moreover, obtaining a statement from the FAA is beyond Z Air’s control, rendering the measure disproportionate.

As a result, the contested conditions have been nullified, and the requested permits, submitted by Z Air in early 2024, must now be granted.

Justified

CCAA Director Peter Steinmetz welcomed the Court’s ruling. “The Court correctly determined that imposing additional conditions outside of the Kingdom protocol should be limited to those outlined in national laws and regulations. That was not the case here,” Steinmetz stated.