Captain Oliver’s demands action against French-side harassment

POSTED: 10/8/14 1:29 PM

St. Maarten – On behalf of his client Cactus Tree NV, the legal entity that does business as Captain Oliver’s Resort and Marina, attorney Jelmer Snow has threatened the Dutch Minister of Foreign Affairs Frans Timmermans in a letter with legal action if he does not intervene in the border dispute with French authorities.

The attorney holds the Dutch state and Country St. Maarten accountable for all damages his client has suffered and threatens to suffer because the French authorities harass the company that is established in Oyster Pond. “The Netherlands and St. Maarten have kept completely away from this,” the letter states.

“As the attached documents show, the French authorities in Saint Martin have issued a fine and even threaten to prosecute the current manager, Frans Nieuwenhoven,” the letter continues.

All this is at odds with the fact that Captain Oliver’s has been operating a restaurant and marina on a water property that is located in Oyster pond in Sint Maarten. The island territory of St. Maarten granted the company the right of long lease on the location more than thirty years ago. “Client has been paying wage taxes to St. Maarten for its more than thirty employees. During the past three years client has paid more than $500,000 to Country St. Maarten for mainly lease fees and wage taxes, but its turnover has decreased significantly because of what has happened.”

Snow notes in his letter that the company has asked several times for intervention from the Netherlands and from St. Maarten, but in vain. “Enough is enough and client gives you both exactly one more week to settle this matter to his satisfaction and to make sure that the business activities are no longer hindered.”

If the Netherlands and St. Maarten do not react, the company will take the case to court. For damages it has already suffered from the French-side harassment, the company will file a claim.

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