Recently the Dutch Court delivered its final judgement in a case concerning the sale of a horse. In 2009 our client bought a horse. In 2013 (!) the former owner of this horse stated that she did not sell the horse to our client but only leased the horse to her and she claimed the horse back together with several foals! On behalf of our client we successfully argued to the Court that there was no such thing as a ‘loan-agreement’ in this case. The counterparty had to proof that there was a loan-agreement but failed to do so for which reason the Court rejected her claims towards our client.
In this case the client was represented by Ms. Loeffen and Mr. Schelstraete of Schelstraete Equine Lawyers (EUAEL Alliance Partner).