In a recent equine law case in the Netherlands, Schelstraete Equine Law successfully represented a care facility in a dispute concerning a non-conforming horse. Read the full article to discover all the details of this case and the court’s reasoning.
Case Background: Horse Purchase for Care Facility
Our client, a care facility that works with horses for children and young adults with behavioural difficulties, purchased a horse from the opposing party for €7,500 in August 2024. Just three days after delivery, a veterinary inspection revealed lameness in the horse’s front legs and a suspected serious dental condition. After this, the horse’s condition deteriorated and it had to be euthanized in December 2024. The opposing party refused to take the horse back or provide any refund, arguing the horse had been sold without a clinical inspection guarantee.
Legal Issue: Non-Conformity Under Article 7:17 DCC
The central question was whether the horse was non-conforming (non-conform) at the time of delivery under Article 7:17 of the Dutch Civil Code — in other words, whether the horse already had the defects (lameness and dental condition) when delivered and therefore did not possess the qualities our client was entitled to expect. The qualities that were expected by our client were undisputed between the parties and include such as: the horse being gentle, reliable, fit to be ridden daily by children and young adults with behavioural difficulties, no stable vices, no pain or issues with the hooves. Furthermore, the court held that because this is not a consumer purchase, our client could not rely on the presumption of non-conformity under Article 7:18a(2) of the Dutch Civil Code. Therefore, our client bore the full burden of proof that the defects already existed at the time of delivery, rather than benefiting from the statutory presumption that applies in consumer sales.
Court Decision: Refund and Full Damages Awarded
The court ruled entirely in our client’s favour. It established that the horse was already lame at the time of delivery and therefore did not conform to the purchase agreement. The court declared the purchase agreement validly dissolved and ordered the opposing party to repay the full purchase price of €7,500, plus additional damages covering care and boarding costs veterinary costs, transport costs, and out-of-court collection costs — all plus statutory interest. The opposing party was also ordered to pay the full legal costs.
Legal Representation by Schelstraete Equine Law
This case was successfully handled by mr. D. Colkusu of Schelstraete Equine Law, who represented the client throughout the proceedings. With a strong focus on equine law and dispute resolution, Schelstraete Equine Law provided strategic legal guidance that led to a full victory, including dissolution of the purchase agreement and recovery of all damages.
Legal help in horse disputes
Facing a dispute over a horse purchase? Schelstraete Equine Law provides expert legal guidance in complex equine cases. Contact us today to protect your rights.
