NV GEBE and their two (2) remaining members of the Supervisory Board of Directors lost both of the cases they filed against Country Sint Maarten on Friday, September 10th, 2021, the Cabinet of the Ministry of Public Housing, Environment, Spatial Planning, and Infrastructure (Ministry of VROMI), said on Friday.
The Shareholder will continue to address the current situation within NV GEBE.
The first injunction case was deemed inadmissible because the plaintiffs did not take the right entity to court which should have been NV GEBE and not Country Sint Maarten. The claims in the second injunction case were dismissed because the plaintiffs failed to timely adjust their claims for the current circumstances.
In the second injunction case, the plaintiffs sought a court order to forbid Country Sint Maarten from continuing a meeting on September 2nd, 2021.
As the case was handled on September 6th, 2021, and the meeting from September 2nd, 2021, was already closed, the claim should have been adjusted to reflect the fact that said meeting was already closed. Despite having ample time to make the necessary adjustments, the plaintiffs did not make said adjustments and when they did attempt to do so it was not done in the correct manner. As such the claims were denied.
While the Shareholder of NV GEBE is happy with the outcome of these cases, it wonders if the funds spent on these two cases would have been better served addressing, among other matters, the fuel clause, etc. within the government owned company.
What makes this situation even more troubling is the fact that the Supervisory Board members that wanted to involve the Court in their fight against the Shareholder walked out of the meeting of August 27th, 2021 and indicated in advance that they would not be attending the meeting of September 2nd 2021.