Special (part 2): Meet the EUAEL Alliance in an Interview with the Partners

 

European US Asian Equine Lawyers is an Alliance Group founded by Schelstraete Holding B.V. with its head of ce in Oisterwijk, the Netherlands. The Alliance Group has independent partners in Europe, Asia and the United States and is still growing. The Alliance Group can help clients world-wide with contracting, purchase assistance, Sports law, FEI Doping cases and Litigation. It is our pleasure to introduce you to the next three members of the Alliance Group. In the next issue of Horse International the last members will be introduced to you.

SASCHA MÜNCH AND DR. BURKART FISCHER LL.M - BERNER . FISCHER & PARTNER mbB

VERDEN - GERMANY

 

EUAEL-Sascha_4KANT

How many lawyers does your firm comprise?
We are a law firm composed of ten lawyers, two notaries and three tax advisors.

Which fields of law does your firm specialise in?
As an office counselling mid-sized companies, municipalities and consumers we provide experts in various fields of civil and especially commercial law. Of course, a particular specialty of our office is providing legal advice and representation with regard to equine cases.

Who are your ‘most common clients’ in the equine law practice?
The sellers, buyers, vets, trainers and breeding associations.

Which other fields of law do you often see applied together with equine law?
Considered dogmatically , the equine law is a mixture of various fields of law. In the most equine cases the legal frameworks of classic legal sectors are applicable. Therefore, we work on a lot of cases that are localized in purchase or liability law. Also issues of medical law are very common with regard to the responsibility of veterinarians. Particularly interesting are situations in which a fraud was committed by one of the parties. Such complex cases can have a close connection to criminal law.

How come you chose to specialise in equine law?
We are both riders and active in equine associations. Moreover, our law firm has a long-lasting cooperation with the Hanoverian breeding association and state studs in Germany. We counsel these clients in all matters of equine law. For example, we design individual sales contracts and the conditions of sale for the auctions of our clients. In this respect, we are happy being able to connect our personal passion with professional commitment.

What has been one of your most challenging cases?
In general, those cases in which the parties of a contract agree because of a fraudulent behavior on one side are very challenging. The identification and handling of a collusive bargaining between sellers and agents or trainers of high-quality and high-value horses need a lot of experience and judicial knowledge.

How do you see equine law has developed through the last years?
In the last decade the rights of consumer protection were strengthened under the in uence of the European law and the relative jurisdiction. We expect that this development will continue in the future as the European decisions will have a long-term and extensive impact on the respective national legislation and jurisdiction. Therefore, it seems likely that the number of legal disputes with regard to the purchase of horses will increase as far as consumers are involved as buyers.

How long has your firm been a part of the EUAEL alliance?
We work together with Schelstraete Advocaten in the Netherlands for a long time. Our cooperation even started before the formal establishment of EUAEL.

Why is it so important to have a worldwide alliance of Equine Lawyers?
The high-class equine sport and the corresponding contractual relations know no borders. As a result legal issues arise that cannot be solved without the knowledge of the legal situation in the different countries. It is crucial to know a reliable and highly qualified legal advisor in the countries concerned.

How does your client benefit from the firm being a part of the EUAEL alliance?
It is obviously a major advantage when a national client is provided with a competent advisor in the respective country without delay in a cross-border dispute. However, the alliance is also very helpful for our clients in a domestic lawsuit when the opposing party owns assets abroad as our network allows us to prosecute domestic decisions in the country of the opposing party instantly.

KATRIEN BEELEN, BEELEN ADVOCATEN

BRUSSELS - BELGIUM

EUAEL-Katrien_184kant

How many lawyers does your firm comprise?
17 lawyers.

Which fields of law does your firm specialise in?
We are specialised in several fields.

Who are your ‘most common clients’ in the equine law practice?
The riders, buyers, sellers, owners and horse dealers.

Which other fields of law do you often see applied together with equine law?
Penalty law.

How come you chose to specialise in equine law?
Due to my background as a competition rider.

What are the ties of the firm to the equine world?
For several years we organised an international jumping show, we stood at the base of the federalisation of the sport in Belgium.

Why do you find it important to have lawyers specialising in equine law?
To help people in a specialised way.

What are the most common issues arising in the eld of equine law?
That would be sales.

What has been one of your most challenging cases?
The battle around the horse Cornetto K.

Longest/shortest case?
Shotest 2 months and longest 8 years.

How do you see equine law has developed through the last years?
That there are more fights about money.

How do you see the field developing in the future?
Hopefully more written contracts.

Which issues within equine law do you see appear (more often) in the coming years?
In purchase, sale and the responsibilities of vets.

How long has your firm been a part of the EUAEL alliance?
Since the beginning.

Why is it so important to have a worldwide alliance of Equine Lawyers?
To know specialized lawyers in other countries for international cases.

How does your client (or riders in general) benefit from the firm being a part of the EUAEL alliance?
Through cross border service.

CECILIA THOLSE ROGMARK , GULLIKSSON AB

STOCKHOLM - SWEDEN

EUAEL-Cecilia_18

How many lawyers does your firm comprise?
Number of partners: 26 of which 5 lawyers.

Which fields of law does your firm specialise in?
Commercial law and intellectual property law.

Who are your ‘most common clients’ in the equine law practice?
The buyers.

Which other fields of law do you often see applied together with equine law?
Equine Law also covers civil law governing legal issues regarding transactions, indemnity and sponsoring and also other areas of general business law such as labour law, contract law, company law, mergers and acquisitions, property law, and construction law.

How come you chose to specialise in equinelaw?
Many people at Gulliksson breed, ride and sell/buy horses so it became natural to start a division around horses. We already had the knowledge and the contacts so we only needed the packaging. Our experience of processing also extends outside Sweden’s borders and our understanding and experience of equine law is extensive. Out most common clients includes buyers, sellers and riders.

What are the ties of the firm to the equine world?
We are several that practise riding (competition at lower level) and own horses. Some of us are also breeders. We also have some people very much active in the Swedish Equine Federation such as judges in dressage and showjumping but also two members in the Disciplinary Committee.

Why do you find it important to have lawyers specialising in equine law?
Gulliksson has specialist lawyers who frequently represent companies and businesses in this eld with varying directions. In addition to general law and regulations, specific regulations, statutes and policies for equine law will apply. Often in cross-border transactions international rules and regulations on jurisdiction and choice of law apply. We assist our clients in drawing up and reviewing commercial agreements and we also assist in a strategic advisory role for various types of business affected by Equine Law. We have indepth knowledge about the Sale of Goods act and Consumer law but also horses in general.

What are the most common issues arising in the field of equine law?
Complaints, re-claims and agreements (sale)

What has been one of your most challenging cases?
Reclaims where veterinarians disagree re the upcome (in time) of the injury.

How do you see equine law has developed through the last years?
Much more complex and higher price tags on the horses. Also the claims has increased in regards to not just re-claim the horse but also all the costs that are connected so called positive contract interest. Our clients range from professional riders, breeders, agents, veterinarians, equine authorities and investors that each and together form the backbone and drive development in today’s modern and successful equestrian sports and business.

How do you see the eld developing in the future?
The equine industry in Sweden today is a modern and expansive field that generates business opportunities both nationally and internationally. Equine law covers all kinds of legal matters that arise within this field. With reputable shows and competitions, top breeding, prestigious training, cross-border transactions, operation of businesses, and management of farm and land, many areas of business law are affected by the Equine Law.

Which issues within equine law do you see appear (more often) in the coming years?
Taxlaw, labourlaw, sports law (doping and similar) and cases are the competition itself.

How long has your firm been a part of the EUAEL alliance?
1,5 years.

Why is it so important to have a worldwide alliance of Equine Lawyers?
To exchange experiences and also to together have a common platform for certain questions.

How does your client bene t from the firm being a part of the EUAEL alliance?
Gulliksson represents individual athletes, entrepreneurs, clubs and associations at various authorities, courts and committees. We also assist in negotiations and sponsoring contracts due to our knowledge in Sports and Media law. With our partnership with EUAEL we all benefit thanks to our possibility to exchange experiences and also to together have an international and common platform for certain questions. Equine law is often complex and require specialist skills.