PARAMARIBO – The subdistrict court judge ruled on Monday (today) in the summary proceedings that KLM had initiated against the State of Suriname and partly rejected the airline’s claim. The legal battle centers on a 2007 state decision that requires airlines to pay a fixed commission to local travel agents. Although KLM had demanded that this decision be immediately suspended and the commission percentage reduced to zero, the judge rejected these specific requests. The state decision will therefore remain in force as a generally binding regulation for the time being.
Mandatory consultation on revision percentage
However, the airline was right by the judge on another point. The State was ordered to enter into discussions with both KLM and the representatives of travel organizations within fourteen days. During this consultation it must be assessed whether the current percentage in 2026 is still current and justified. The judge ruled that the government acted unlawfully by not evaluating the policy for years. This omission is contrary to the general principles of good administration, although the interests of travel agents weighed heavily enough not to immediately abolish the system completely.
The State’s counterclaims rejected
In addition to KLM’s claims, the judge considered the counterclaims of the Surinamese State. The government wanted to stipulate that KLM may never unilaterally change rates and demanded a penalty to enforce compliance with the commission scheme. The subdistrict court judge rejected both requests. A definitive statement about KLM’s powers did not appear to be appropriate within the framework of summary proceedings. Moreover, according to the magistrate, the State already has sufficient resources within the existing aviation legislation to take administrative or criminal action in the event of any violations by the company.
