The Court of Justice, initiated by E-Bike and Green Bike companies in the hotel sector against the Government. The companies are challenging a government decision they claim is harmful to them. Meanwhile, the Government argues that these scooters pose a traffic hazard and are occupying public land without payment.
SUMMARY INJUNCTION The case relates to the Minister of Justice’s decision to remove all scooters from the streets, citing risks to traffic safety and the riders themselves. An attorney from Bonaire represented the two companies, while the Government was represented by its legal counsel.
GOVERNMENT ACTED WITHOUT NOTIFICATION Before the hearing officially began, the Judge directed several questions to the Government regarding why this decision was made. The Government’s counsel stated that the scooters are placed on public roads without any permits, leading to the decision to clear them.
The Judge asked if the Government had notified the companies via letter or email. The legal counsel admitted that while public announcements were made, no direct notification was sent to the companies. It was further argued that since these companies do not pay vehicle taxes (belasting di number), the Government does not officially know who the owners are. The companies operate online, where clients pay digitally and pick up/drop off scooters anywhere on the street.
PERMITS REVOKED The companies’ attorney stated they previously held permits that were later revoked. They have reapplied but have received no response from the Government since 2022. Due to this lack of communication, a debt of 24,000 to 25,000 florins has accrued. The attorney emphasized that the business provides sustainable transportation for tourists, especially when taxis are expensive or unavailable. One company has operated since 2017 and the other since 2019.
IMPACT ON BUSINESS The attorney questioned the drastic nature of the decision and the claim that the Government was unaware of the companies’ existence. He argued that the decision causes significant financial hardship for the businesses, which together employ 13 people. Furthermore, the defense argued that these specific scooters are not even mentioned in current legislation and that traffic safety is being used as a pretext for a disproportionate measure. The attorney asked the Judge to declare the Government’s decision inadmissible.
TRAFFIC HAZARD The Government’s counsel countered that these vehicles cause many accidents, injuries, and even deaths. Photos were shown to the Judge of tourists riding between cars without helmets and a mother riding with a child. The counsel described a “free for all” situation where scooters are parked anywhere on public land without permits or tax contributions. According to the Government, the companies are responsible for their own current predicament.
The Judge will study the case and issue a ruling on May 22, 2026.