Several references of Schelstraete in 2019
• Dutch client of Schelstraete wins short lawsuit procedure in Assen. Client sold an expensive showjumper. Buyer, also a professional, claims the annulment of the contract because of alleged character defects. The District Court Assen ruled that these defects have not been proven. Also a short lawsuit is not a proper procedure in cases like these.
• American Court decision (Tennessee) ruling on compensatory damages and punitive damages not accepted by the Dutch Court. Dutch client of Schelstraete wins short lawsuit procedure in Amsterdam and his motion to have the civil arrests on his assets lifted was granted. Source: ECLI:NL:RBAMS:2018:9144.
• Saudi client of Schelstraete wins procedure in Los Angeles, the plaintiff (residing in the US but born in Saudi Arabia) withdrawn his claims.
• Dutch client settles a long-term litigation in The Netherlands and received back the sold horse from the purchaser and agreed to look for another suitable horse. In the meantime, the ex-husband of the purchaser seized the horse, claiming he is the owner instead of his former wife. The Dutch client is now claiming back the full training and stabling costs of the horse from the purchaser as well as the ex-husband for the duration the horse is stabled at her stable.
• Israeli client of Schelstraete (professional showjumper) settles dispute on the sale of an expensive showjumper which he had in co-ownership with Dutch dealer after Schelstraete has successfully arrested the horse (and its original FEI passport) and started a lawsuit against the co-owner.
• UK client of Schelstraete wins litigation at the District Court Den Bosch and in appeal at the Dutch Court of Appeal Den Bosch where she claimed successfully complete damages from a Dutch professional seller. Seller did not provide a to be swapped horse. Source: ECLI:NL:GHSHE:2018:5183.
• Dutch client of Schelstraete (seller of horse) wins short lawsuit where the plaintiff claimed back from seller the paid purchase price. The horse allegedly suffered from headshaking which defect could not be established during a short lawsuit.
• Bermuda client of Schelstraete and Beelen Advocaten wins litigations in both instances in Belgium (District Court in Ghent and Court of appeal in Ghent) where she successfully claimed back from her contracting party a prepaid lease for a high level showjumper.
• Dutch client of Schelstraete wins a litigation in Poland (Warsaw) regarding the agreement for provision of services between a group of Dutch pilots and a Polish Airliner.
• Dutch client of Schelstraete wins litigation on a painting (Jacob Jordaens) in appeal. Client is seller of a painting of which buyer claimed this was not an original. Buyer’s claim for compensation of 650.000 euro was rejected by court of first instance. Buyer lodged an appeal but did not submit grounds of appeal. Court of appeal declared appeal inadmissible.
• Dutch client of Schelstraete who sold a carriage horse to a professional buyer wins appeal procedure at the Court of Appeal Arnhem. Buyer claimed defects at the sold horse (tendon issues) and litigated at the Supreme Court in The Netherlands. Also, this instance rejected buyers claims against seller. No consumer sale was established. Buyer had the burden of proof regarding the presence of the defect prior to the sale which burden was not met. Source: ECLI:NL:HR:2019:224.
• Client of SEL (a professional horse stable) wins procedure before the District Court in Breda against a horse owner regarding livery- and trainings costs over a period of more than two years and succeeded to collect the full amount from the horse owner which at first instance seemed to be insolvent. Source: ECLI:NL:RBOBR:2017:5125
Advising and contracting
• Schelstraete successfully assisted Swedish, Dutch, German, Belgian and other clients from for instance the US, Bermuda, Turkey, Czech and so on at the sale or purchase of equine estates in Europe, horses and ponies.
• Schelstraete successfully assisted non-EU citizens in obtaining residence permits in the European Union for a longer period of time in order to train and compete in equine sports.
• Conclusion of a long-term contract between highly ranked FEI showjumper and American horse owner.
• Client advised several non-European Olympic riders and their companies on tax issues and their European domicile.
Several references of Schelstraete in 2018
• Israeli client of Schelstraete wins Court of Appeal procedure in The Hague (The Netherlands): Client’s claim of client for compensation of 50.000 euro based on the annulled purchase of a dressage horse granted: source: ECLI:GHDHA:2017:3097 dated 25 January 2018.
• Swedish client of Schelstraete and Burkart Fischer wins Court of Appeal procedure in Celle (Germany): purchase agreement on expensive dressage horse successfully annulled based on mal representations and fraud, claim of 2 million euro towards seller, commissioners and trainer granted.
• Dutch client of Schelstraete wins Court of Appeal procedure in ’s-Hertogenbosch (The Netherlands): civil arrest on horses of client Schelstraete lifted; source: ECLI:NL:GHSHE:2018:1172 dated 20 March 2018.
• Saudi client of Schelstraete wins Court of Appeal procedure in Arnhem (The Netherlands): Horse trainer does not have a right of retention. Court lifts arrest on several horses. Source: ECLI:NL:GHARL:2018:3893 dated 24 April 2018.
• Dutch client of Schelstraete wins civil procedure in ’s-Hertogenbosch (The Netherlands): client was seller of grand prix show jumper to Canadian buyer with purchase price of 650.000 euro. Court rejects Buyer’s claim for annulment of purchase agreement. Buyer should have tried the horse herselves and is no consumer. Source: ECLI:RBOBR:2018:5905 dated 28 November 2018.
• Japanese client of Schelstraete wins a civil law suit up to the Supreme Court in Bulgaria against a Swedish counterparty: ruling no. 587/14 of the District Court of Varna, commercial department, dated 14 February 2018.
• Swedish client of Schelstraete wins enforcement dispute from counterparty who tried to stop the execution of a German Court decision on two million euro claim. Source: The Court of Appeal (Hovrätten över Skåne och Blekinge) ruling no. nr ÖÄ 2994-18 dated 26 October 2018.
• Dutch client of Schelstraete wins litigation on painting (Jacob Jordaens). Client is seller of a painting of which buyer claimed this was not an original. Buyers claim for compensation of 650.000 euro rejected. Source: Court ’s-Hertogenbosch, dated 5 September 2018.
• Dutch client of Schelstraete wins short lawsuit from American Counterparty in Amsterdam (The Netherlands): Court limited civil arrest on property client from 2,5 million to 285.000. Source: ECLI:NL:RBAMS:2018:9144 dated 12 December 2018.
• Dutch client of Schelstraete wins a by the English counterparty alleged neurectomy case: the judge rejected the claims of the English buyer because buyer failed to prove that the intention with the purchase of the horse from client was to partake in FEI dressage competitions. Source: Court ’s-Hertogenbosch, dated 19 April 2019.
• Dutch client of Schelstraete, an Equine Business Owner and organizer of Equine Events all over the world ,wins case from a Dutch Caterer about the catering for an event in Italy. Caterer needs to pay the client of SEL 200.000 euro. Source: ECLI:NL:GHSHE:2018:4029 dated 3 October 2018.
Advising and contracting
• Conclusion of a long term contract between highly ranked FEI show jumper and American horse.
• Contractual agreements (joint ventures) regarding several 4* and 5* equestrian competitions nationally and internationally.
• Negotiations on behalf of client of Schelstraete to participate in Global Champions League (GCL) Team.
• Schelstraete advised several non-European Olympic riders and their company’s on tax issues in Europe and their European domicile.
• Schelstraete advises clients on their Equestrian Facility/Property transactions.
• Japanese client establishes his equine business successfully in The Netherlands with the assistance of Schelstraete.
• Schelstraete claimed successfully 750.000 euro and 250.000 euro for a Dutch client at its English Insurance Company.
• Negotiated successfully with a Dutch bank about waiving the debt of Schelstraete’s client of 700.000 euro.
• Positive outcome at the FEI Tribunal for Saudi client.
• Successful settlement in FEI disciplinary case for a Dutch and a Saudi client of Schelstraete.