In a legal procedure at the Court of Midden-Nederland concerning the sale of a horse Schelstraete Equine Lawyers (EUAEL Alliance Partner) has successfully pleaded that her client was not the selling party. On August the 3th 2016 the Court decided to reject the claim of the counterparty.
Client was represented in this procedure by Mr. Schelstraete and Mr. Zitman of Schelstraete Equine Lawyers (EUAEL Alliance Partner).
Read more about this case, on rechtspraak.nl (dutch only)
Schelstraete Equine Lawyers (EUAEL Alliance Partner) has succesfully represented two buyers of embryo’s in a preliminary injunction against the seller at the Court of Zeeland-West-Brabant.
The reason behind the procedure was that the buyers already paid substantial amounts for the embryo’s without receiving all embryo’s.
According to the decision of the judge the seller is required to fulfil her obligations from the agreement. In addition to this the seller is, unless written approval is provided by the buyer, probihited to provide herself and/or third parties a transfer of an embryo from a mare and/or collecting eggs through an ICSI-procedure and/or perform other activities which will prevent that the buyers will receive the embryo’s. This restriction remains until the buyers have been provided with embryo’s which will produce live foals. A breach of this restriction results in payment of a penalty.
The legal judgement can be read at Rechtspraak.nl (click HERE – dutch only) (http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBZWB:2016:4627).
The buyers were represented by Mr. V. Zitman of Schelstraete Equine Lawyers (EUAEL Alliance Partner).
After the purchase of a horse at a Polish auction for Arabian horses in august 2015, client has transported the horse to The Netherlands. Upon arrival the horse showed a shortcoming (navicular disease) making it useless for its initial purpose (show-horse).
Client requested legal assistance from Mrs Loeffen, attorney-at-law at Schelstraete Equine Lawyers (EUAEL Alliance Partner). Mrs Loeffen has ordered the organization of the Polish auction to collect the horse from the client and to refund the purchase price and compensate any additional costs made.
The Polish auction responded to the summons, by paying back the purchase price and the claimed damages.
Schelstraete Equine Lawyers (EUAEL Alliance Partner) represents a Dutch buyer in a dispute with an Irish seller regarding the purchase of an eventing horse. In a judicial procedure before the Court of Gelderland the seller argued that the case should not be judged by a Dutch Court but by a Court in Northern Ireland. This because he has his residence in Northern Ireland. Schelstraete argued that the Dutch Court is competent to judge over the case because pursuant to the purchase agreement the horse was delivered in the Netherlands. By decision of 11 May 2016 the Court followed the argumentation of Schelstraete and declared itself competent.The procedure will be continued in the Netherlands.