In September 2013 two clients of Schelstraete Equine Lawyers (EUAEL Alliance Partner) sold a horse. Several months after the sale the buyer notified the clients that the horse which was sold was suffering from thrombosis at the moment of delivery which would make the horse unsuitable for jumping competitions. Our cliënts disputed the aforementioned statement. Now that the purchase was done by a consumer the case was subject to Consumer Law. Due to the foregoing the clients were bearing the burden of proof that they did have delivered a healthy horse.
The Court of Alkmaar required an expert’s report to clarify the facts on the thrombosis. The expert has reviewed the veterinary file of the horse and concluded that the propability of the presence of thrombosis at the moment of delivery to the buyer was only 5%. The Court of Alkmaar considered this propability to be highly unlikely and therefor the Court assumed that the horse was healthy at the moment of delivery. The Court decided on the 13th of July 2016 that the claim of the plaintiff was rejected and that our client’s expenses for the legal procedure are to be compensated.
Clients were represented by mr. Loeffen and mr. Schelstraete of Schelstraete Equine Lawyers (EUAEL Alliance Partner).