On the 17th of August 2016 the Court of Limburg has made a decision in a case which was brought before Court by a client of Schelstraete Equine Lawyers (EUAEL Alliance Partner). In this case the client purchased a horse, which shortly after the purchase showed dangerous behaviour when the horse was ridden. At a veterinarian examination it appeared that there were arthritic changes in the neck.
Now that the seller was unwilling to take back the horse, the client has brought the seller before the Court of Limburg.
The judge decided in an interlocutory judgment that, taking into account the veterinary complications of the horse, there is a presumption that the horse was already non-conform at the moment of delivery. After the hearing of several witnesses it became clear that the horse was known for arching its back when mounted and would move a few passes forward. The client explicitly mentioned that due to her physical limitations she was interested in finding a horse which would be easy to ride and calm.
The seller has been obligated to refund the purchase price and to compensate the client for the damages suffered.
The client was represented by Mr. B.E.J. Loeffen of Schelstraete Equine Lawyers (EUAEL Alliance Partner).