Pony or horse? That was the main question which the Judge of the District Court Zeeland-West Brabant was confronted with on February 7, 2014. An Austrian purchaser started this case against a Dutch seller who was represented by Mr. L. Schelstraete of European Equine Lawyers.
The issue involved the sale of a pony in mid November 2011. The buyer bought this pony for her daughter with the aim to participate in National and International Championships. Two years after the purchase, the buyer accused the seller that the height of the pony was more than the maximum height permitted by the FEI regulations. This means that participation in international competitions would not be allowed anymore. In support of the claim, purchaser submitted two results of measurements made late 2013, showing that the pony exceeds the maximum height for a pony.
Seller defended himself by arguing that the presentation of the results dating from the end of 2013 showed that the pony at the time of delivery in mid-November 2011 would be too tall. Indeed, the results of the end of 2013 say nothing about the height of the pony two years earlier. European Equine Lawyers defended the seller by concluding that the results of the measurements dating from the end of 2013, show no relation that the pony had the same height at the time of delivery in November 2011. Furthermore the seller reasoned, using statements made by a veterinarian and farrier that various circumstances such as the thickness of the horse shoes and the method of training, can influence the height of a pony.
The Court followed the defense of seller and dismissed the claims of the purchaser in a judgment dated 21 February 2014.
