Schelstraete has succesfully represented two buyers of embryo’s in a preliminary injunction against the seller at the Court of Zeeland-West-Brabant.
The reason behind the procedure was that the buyers already paid substantial amounts for the embryo’s without receiving all embryo’s.
According to the decision of the judge the seller is required to fulfil her obligations from the agreement. In addition to this the seller is, unless written approval is provided by the buyer, probihited to provide herself and/or third parties a transfer of an embryo from a mare and/or collecting eggs through an ICSI-procedure and/or perform other activities which will prevent that the buyers will receive the embryo’s. This restriction remains until the buyers have been provided with embryo’s which will produce live foals. A breach of this restriction results in payment of a penalty.
The buyers were represented by Mr. V. Zitman.
