MARIGOT--In light of they called established facts, opposition members of the Territorial Council of St. Martin has said that several potential criminal offenses could be involved in the Air Antilles matter, including forgery and use of forged documents, misappropriation of public funds, unlawful interest taking, mismanagement, and undermining the integrity of deliberative processes. The councilors stress that they do not prejudge any individual responsibility, but believe that an independent investigation is now needed.
According to the opposition members, documents obtained in recent months show that the company currently operating under the name Air Antilles does not correspond to the semi-public company structure that was approved by the Territorial Council on 20 September 2023. At that time, the Assembly voted for the creation of a semi-public company called New Air Antilles, based on specific statutes, including a share capital of 2,000,000 shares with a nominal value of 1 euro and a defined governance framework.
The councilors state that the statutes filed at the court registry on 18 October 2023, and the company registered at the Commercial Court on 30 October 2023, diverge significantly from the deliberation adopted by the Council. They point to changes in the company name, the restructuring of capital into 200,000 shares with a nominal value of 10 euros, and modifications to governance and internal powers. None of these alterations were presented to the elected representatives or subjected to a new vote. In their view, the company registered as Air Antilles is therefore based on statutes that were never approved by the Territorial Council.
The opposition further notes that the takeover offer for the assets of the former airline CAIRE was modified between its presentation to the Council on 14 September 2023 and its official filing on 19 September 2023. The filed version introduced a new private shareholder, JA CAPITAL, who was not included in the version presented to the elected officials. No additional deliberation was requested, although the legal and financial configuration had changed.
Despite these discrepancies, the Collectivité has committed more than 20 million euros in public funds to this structure since October 2023, in the form of capital contributions, shareholder advances, and most recently a 3 million euro loan approved on 6 October 2025. The councilors point out that this loan was tabled and voted on the same day, without the prior transmission period normally required under the organic law. At the same time, they note that the airline’s financial situation has continued to deteriorate, and that the French Civil Aviation Authority has warned that, without substantial recapitalization before 31 January 2026, the air operator certificate could be withdrawn.
Opposition councilors report that they have repeatedly alerted the State representative to these issues and requested legality review: in March 2024, then on 3 September, 10 October, 17 October, and 10 November 2025. They state that no substantive response has been provided to date and consider that this absence of reaction has contributed to the worsening financial, legal, and institutional risk for the Collectivité.
Given the seriousness of the situation, the signatories call for:
• An immediate and formal reaction from the State
• Effective activation of legality control over all relevant decisions and deliberations since September 2023
• Verification of the compliance of all acts linked to the Air Antilles file
• Referral, where appropriate, to the competent judicial and financial authorities
The councilors emphasize that their approach is intended to protect public funds, restore confidence in the institutions of Saint Martin, and ensure respect for the rule of law. The statement issued to the media was signed by:
Mr. Philippe PHILIDOR, Territorial Councilor of Saint Martin
Ms. Marie-Dominique RAMPHORT, Territorial Councilor of Saint Martin
Mr. Daniel GIBBS, Territorial Councilor of Saint Martin
Mr. Alain GROS-DESORMEAUX, Territorial Councilor of Saint Martin
Ms. Angéline LAURENCE, Territorial Councilor of Saint Martin
Mr. Jules CHARVILLE, Territorial Councilor of Saint Martin
https://tribune-site.webflow.io//articles/opposition-councillors-call-for-independent-investigation-into-air-antilles-file
