- Status
- Dismissed (dismissed)
- As of
- 19 May 2020 · read from the court record
- Court
- Gemeenschappelijk Hof van Justitie van Aruba, Curaçao, Sint Maarten en van Bonaire, Sint Eustatius en Saba (Joint Court of Justice) · Appellate court
- Docket
- CUR2019H00181; CUR201901002
- Filed
- 21 Mar 2019
- Type
- Operator v. regulator, licensing and administrative court cases
- Money
- costs NAf 1,500 (first instance) and NAf 6,000 fee plus NAf 320.50 disbursements (appeal); appeal dismissed for lack of interest because the hotel and casino were sold at auction on 29 August 2019
- Payout
- No payout exists as of 14 Nov 2026
Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.
What this case is about
A land-based casino whose licence had lapsed argued that the GCB, which tolerated its continued operation, had to facilitate it. The Gerecht and the Joint Court rejected the claims: tolerance creates no obligation and the appellant had no remaining interest. Illustrates the GCB's supervisory role over Curaçao's hotel casinos under the Landsverordening Casinowezen, separate from the offshore online regime.
What this case is about
Hotelmaatschappij Otrobanda N.V. v Stichting Gaming Control Board (dockets CUR201901002 and CUR2019H00181) is a Curaçao court dispute over a hotel casino that kept operating after its licence lapsed.
The casino held a licence under the Landsverordening Casinowezen from 17 December 2012 that expired on 16 December 2015, and the Gaming Control Board (GCB) tolerated its continued operation.
The operator asked the court on 21 March 2019 to order the GCB to facilitate that operation. The case is part of our Licensing and Administrative Court Cases hub.
Who is covered
The ruling concerns one operator and the regulator, so it covers no class of players. It illustrates the GCB's supervisory role over Curaçao's land-based hotel casinos, which is separate from the offshore online regime.
The plaintiff is Hotelmaatschappij Otrobanda N.V. and the defendant is Stichting Gaming Control Board. Other Curaçao cases are under Gambling Lawsuits in Curaçao.
Is there a payout?
No payout exists in this case. The only money is a costs order between the parties, and the record shows no fund, damages award or consumer claim process.
The costs were NAf 1,500 at first instance and a NAf 6,000 fee plus NAf 320.50 in disbursements on appeal. Filing a settlement claim is free wherever a claim exists, but none exists here.
What the court decided
As of 14 November 2026 the claims are dismissed. The Gerecht (first-instance court) ruled on 23 April 2019 (ECLI:NL:OGEAC:2019:93) that the GCB's tolerance created no obligation to facilitate the casino, and dismissed the claims.
The operator appealed on 13 May 2019. On 19 May 2020 the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba (ECLI:NL:OGHACMB:2020:133) rejected the appeal for lack of remaining interest.
The Joint Court noted that the hotel and casino had been sold at auction on 29 August 2019, which is why no interest remained.
Why it matters
The case shows that a regulator's tolerance of an operator without a renewed licence does not oblige it to keep facilitating that operator. Both courts rejected the claim.
It also shows how a sale of the business can end an appeal. The broader category is explained in the licensing hub linked above.
Questions people ask
Does the GCB's tolerance of an unlicensed casino create a duty to help it?
Per the courts' reasoning, no. The Gerecht held that tolerance creates no obligation to facilitate, and the Joint Court rejected the appeal on 19 May 2020.
Why did the appeal fail?
The Joint Court found the appellant had no remaining interest, because the hotel and casino were sold at auction on 29 August 2019.
Did anyone receive damages?
No. The record shows only a costs order against the operator and no damages or fund.
Related cases
- Emmazicht N.V. v Gaming Control Board (Howard Johnson Plaza casino licence, 2017): a refusal of a casino licence upheld.
- Fundashon Doing Good Kòrsou v Gaming Control Board (house raffle, 2019): a raffle that needs a lottery licence, dismissed.
Who is involved
Plaintiffs: Hotelmaatschappij Otrobanda N.V. (hotel-casino operator, licence under the Landsverordening Casinowezen Curaçao from 17 December 2012)
| Defendants | Stichting Gaming Control Board |
|---|---|
| Class counsel | P. van den Hout; B. Jongmans |
| Defense counsel | M.F. Bonapart |
| Claims |
|
If you need a lawyer, start with the court-appointed class counsel named above or the bar association referral service of your state or country. This site does not refer readers to law firms.
Is there a payout?
No payout exists in this case as of 14 Nov 2026. The court record shows costs NAf 1,500 (first instance) and NAf 6,000 fee plus NAf 320.50 disbursements (appeal); appeal dismissed for lack of interest because the hotel and casino were sold at auction on 29 August 2019.
What happens next
No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.
Timeline
2 dated steps on record, oldest first. Future dates come from court notices and can move.
| Date | Event |
|---|---|
| 21 Mar 2019 | Filed |
| 19 May 2020 | Dismissed |
Documents and sources
2 primary sources (court file, administrator notice, regulator) and 0 secondary. Press is supporting evidence only.
- Docket: uitspraken.rechtspraak.nl
- Court document: uitspraken.rechtspraak.nl
| What it supports | Source | Type | Retrieved |
|---|---|---|---|
| Joint Court 19 May 2020, CUR2019H00181: appeal rejected; paras 2.2-2.4 and dictum: hotel sold at auction 29 August 2019, no remaining interest; costs NAf 6,000 + NAf 320.50; appeal lodged 13 May 2019 | uitspraken.rechtspraak.nl | primary | 14 Nov 2026 |
| Gerecht 23 April 2019, CUR201901002: facts and dismissal; Gerecht 23 April 2019, CUR201901002, petition 21 March 2019, Hotelmaatschappij Otrobanda N.V. (van den Hout/Jongmans) v GCB (Bonapart); casino licence from 17 December 2012 expired 16 December 2015, tolerated continuation; claims dismissed, costs NAf 1,500; Joint Court 19 May 2020 CUR2019H00181 (appeal 13 May 2019) rejected the appeal | uitspraken.rechtspraak.nl | primary | 14 Nov 2026 |
Related cases
2 cases in the record share parties, claims or a settlement with this one.
| Case | Court | Status |
|---|---|---|
| Emmazicht casino licence refusal | Gerecht in eerste aanleg van Curaçao (Court of First Instance of Curaçao) - Landsverordening administratieve rechtspraak (Lar) | Judgment entered |
| GCB may call house raffle illegal | Gerecht in eerste aanleg van Curaçao (Court of First Instance of Curaçao) | Dismissed |
Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.