Passengers are seen embarking a Winair plane at Hato Airport in Curacao.
WILLEMSTAD--WINAIR will have to wait at least another month to find out if it can permanently operate four additional flights per week between St. Maarten and Curaçao, according to the newspaper “Amigoe” in Curaçao, based on the lawsuit against the government of Curaçao that was heard in Willemstad on Thursday.
On Thursday morning, the judge in this LAR procedure (administrative litigation) unsuccessfully attempted to mediate the conflict between the airline and the government, represented by Curaçao Minister of Traffic and Transportation Charles Cooper (MFK).
The ruling is scheduled for August 23. For many passengers, this will be too late. The next available direct flight that can be booked is on August 19, with the rest nearly fully booked.
Passengers at risk of missing important events, from funerals to regional football tournaments, or even the Curaçao North Sea Jazz Festival at the end of August, face challenges. They may have to rely on American Airlines via Miami, a 15-hour journey that is three times as expensive.
WINAIR’s lawyers accuse Minister Cooper of obstructing the request for additional flights because St. Maarten has refused extra flights for Curaçao’s Z Air. Z Air is currently engaged in legal battles against the government.
The aviation authority DG CCAA points out that Z Air still has many requirements to meet, such as the inspection of its aircraft, before it can fly between Curaçao and St. Maarten. This does not apply to WINAIR, which complies with all regulations.
The request for three additional flights was submitted in April, before Curaçao airline Jetair went bankrupt. Now there is even more market space. Therefore, WINAIR withdrew its April request and submitted a new request in June for four additional flights per week.
There is no market saturation, especially not in a free market where fair competition is the goal, argue WINAIR’s lawyers. Officially, the government has a reasonable period of four months to decide on a request, according to the government’s argument this morning. However, considering the withdrawal of the April request and the June application, a decision would only come in the last quarter of this year. This is too late, especially given the urgent interest and the current conflict with the principle of equality as laid down in the Multilateral Protocol between Curaçao and St. Maarten.
In short, this principle ensures that the airlines of the countries are given the opportunity to compete fairly and equally in providing air transport. “The real reasons for Minister Cooper’s refusal, we know from Facebook, are ‘Z Air does not get a permit, so WINAIR won’t either, because that’s not how we operate.’ This is also unacceptable in a kingdom with a liberal aviation policy,” the plea states.
The urgency is further underscored by the fact that WINAIR cannot utilise its aircraft efficiently, resulting in high cost. Additionally, the social cost is enormous. “Both the people and the economies of Curaçao and St. Maarten (including tax revenues) benefit from sufficient air connectivity, while the significant shortage of seats is evident.”
