Schelstraete Law Firm solves legal dispute for a Mexican showjumper regarding income tax and social security

Schelstraete Law Firm represented a Mexican show jumper who was employed by a Dutch yard. We have successfully collected an amount of Eur 10,000 salary claim.

Schelstraete Law Firm wins court procedure for a Columbian show jumper

The counterparty – a Dutch horse trader – claimed a right of retention on the horse. The District Court of Gelderland refused this claim; the horse trader was convicted to pay damages to our client and to release the horse immediately under penalty of €500 a day. Source: ECLI:NL:RBGEL:2020:2264

Schelstraete Law Firm wins court procedure against a Mexican show jumper and horse trader

The counterparty claimed substantial amounts from our client: € 175.000. According to the counterparty our client sold horses in his assignment without his permission and did not pay him the full purchase prices.  Our client was accused of theft by the counterparty as well. All counterparties’ claims were dismissed by the District Court of Breda; counterparties’ story was vague and claims were not sufficiently substantiated.  

Schelstraete Law Firm also wins appeal procedure on alleged neurectomy surgery

Schelstraete Law Firm won a case in first instance as well as in appeal about an alleged neurectomy performed on a horse. Schelstraete Law Firm represented a Dutch seller of the horse. Based on the arguments of Schelstraete Law Firm, the Court of Appeal judged that the British buyer insufficiently proved that a neurectomy was performed, let alone before the delivery of the horse to the buyer. The buyer was convicted to pay the legal costs of the seller in first instance and in appeal.

Source: ECLI:NL:GHSHE:2020:1735

Schelstraete Law Firm manages to reverse the burden of proof in case of delivery attendance in a professional yard

Schelstraete Law Firm managed to reverse the burden of proof in favor of its clients. Clients mare and foal died after being entrusted to a professional yard. The District Court of ‘s-Hertogenbosch decided it is up to the professional yard to prove that they meet their duty of care.

Source: ECLI:NL:RBOBR:2020:2388

Schelstraete Law Firm claims full compensation from farrier

Schelstraete Law Firm advised a client regarding a dispute with a farrier. From the moment he started his services, he injured the horse. As a result, the horse developed lameness and extensive veterinary treatment was necessary. The farrier refused to compensate our client. After being addressed by Schelstraete Law Firm, the farrier offered to pay half of the damages while the legal insurance company decided to pass on the difference to prevent further costs.

Schelstraete Law Firm advised an international high-end farrier on the general terms and conditions and contract with its clients

Schelstraete Law Firm provides pieces of advice on the NOW (a governmental support measure in response to COVID 19)

Schelstraete Law Firm advised international companies applying for the NOW, the Covid-19 emergency matter to support employers. The Dutch government subsidizes a large part of the employees’ salaries when an employer is affected by the Covid-19 crisis and the imposed restricted measures.

Schelstraete Law Firm wins litigation about sale of an expensive dressage horse on behalf of a Spanish client (claimed defects were rejected)

Schelstraete Law Firm represented a Spanish company (client) in a procedure at the District Court of Den Bosch (NL). Client sold a Lusitano dressage horse to a professional Japanese rider. The rider argued that the horse did not meet expectations and claimed back the purchase price of more than €1,000,000. The court rejected the claims of the rider; as the rider failed to prove that the horse suffered from defects at the time of delivery. The veterinarian of the rider also did not see any reason to check MRI-images offered by the client when performing the pre-purchase examination. Furthermore, the rider purchased the horse ‘as is’.

Source: ECLI:NL:RBOBR:2020:1435

Schelstraete Law Firm wins litigation about a personal liability of a Dutch CEO of an insolvent L.L.C.

Dutch client holds director of catering company personally liable for damages. After the decision of first instance was annulled by the Court of Appeal Den Bosch, the catering company failed to return to the client an earlier collected amount of more than €170,000. The District Court of Den Bosch ruled that the director committed a tort against the client because he allowed the use of the collected amount to perform payments to parties other than the client, without money being reserved.

Source: ECLI:NL:RBOBR:2020:998

Schelstraete Law Firm successfully assisted a Belgian client in litigation before Enterprise Division of the Court of Appeal in Amsterdam

A shareholder in a Dutch aviation maintenance company filed a request for an official inquiry into the policy and affairs of the company with the Enterprise Division of the Court of Appeal of Amsterdam. The shareholder claimed that there were sufficient doubts about the role of the client in the company. After defense on behalf of the client, the shareholder has withdrawn his request. The Enterprise Devision declared the request inadmissible.

Source: ECLI:NL:GHAMS:2020:1225

• 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.

• 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.

Disciplinary cases
• Positive outcome at the FEI Tribunal for Saudi client.

• Successful settlement in FEI disciplinary case for a Dutch and a Saudi client of Schelstraete.

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