European US Asian Equine Lawyers

05/06/2020

Strychnine: when a herbal medication for humans triggers a positive doping test

Doping: a case involving Strychnine

https://www.europeanequinelawyers.com/strychnine-when-a-herbal-medication-for-humans-triggers-a-positive-doping-test/

Doping: a case involving Strychnine In this edition of Horse International I would like to share with our readership some thoughts on doping cases. In my daily practice I often represent athletes and horse owners in doping cases pending for instance before the Fédération Equestre Internationale (t...

04/06/2020

Schelstraete C.S. wins Court procedure on behalf of Columbian show jumping rider against Dutch horse trader

The Court hearing took place at March 11, 2020, right before the Court closed for hearings in person due to the Covid-19 crisis.
Our client – a Columbian show jumping rider – bought a five year old jumping mare from a Dutch horse trader located in Gaanderen. When visiting the stables our client found out that the horse was not as talented as shown on the video sent by the horse trader before buying. The horse trader regained the trust of our client and parties agreed that the horse trader would train and resell the horse for our client: everything would be arranged he assured. Unfortunately nothing happened: the horse trader did not sell the horse for over a year, but claimed training and stabling costs over this period our client. Without full payment he refused to let go the horse to our client.
As our client lost trust in the horse trader ever selling the horse our client paid the training and stabling costs and send a transport company to the premises of the horse trader to get the horse he bought. To great annoyance of our client the horse trader still refused to release the horse to the transport company and he claimed more and more money from our client. As a result our client was forced to start a legal procedure in the Netherlands to get the horse he bought.
The Dutch Court rendered a verdict stating that the horse trader should have released the horse almost a year ago as everything was paid by our client. The horse trader is not allowed to claim any further costs regarding the horse as its was unlawfully in his possession. Furthermore the horse trader is convicted to pay the transport costs our client made regarding the failed transport and the legal costs of our client.
Unfortunately the hose is still not released to our client, despite of a conviction under penalty of EUR 500,00 a day. The horse trader now claims the horse died in a stable in Italy due to Rhino (kind of comparable with the human Covid-19 virus) on the date the verdict was rendered by the Court (?!). Sufficient proof of this is not delivered and of course the horse trader was not allowed to transport our client’s horse to Italy without his permission. So to be continued…
The verdict is published under number: ECLI:NL:RBGEL:2020:2264 https://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBGEL:2020:2264

22/05/2020

https://www.europeanequinelawyers.com/informative-article-in-the-polish-equestrian-magazine-hodowca-i-jezdziec/

Polish statute of limitation in equine related cases The Polish partner of the Alliance of the European US Asian Equine Lawyers published recently an informative article in the Polish equestrian magazine Hodowca i Jeździec (breeder and rider) with regards to the statute of limitation applicable under Polish law in equine related cases. The recent amendment of the Polish law (9 July 2018) shortened considerably the statute of limitation. The article is available in Polish.

Should you require more information please do not hesitate to contact us or Lex Hippica directly.

Polish statute of limitation in equine related cases The Polish partner of the Alliance of the European US Asian Equine Lawyers published recently an informative article in the Polish equestrian magazine Hodowca i Jeździec (breeder and rider) with regards to the statute of limitation applicable und...

13/05/2020

SEL advises client successfully on legal dispute regarding income tax and social security contributions

May 13, 2020 by europeanequinelawyers > https://www.europeanequinelawyers.com/sel-advices-client-successfully-on-legal-dispute-regarding-income-tax-and-social-security-contributions/

Amanda Brouwers and Piotr Wawrzyniak – from Schelstraete C.S. Advocaten – successfully assisted a Mexican showjumper and horse trader residing in the Netherlands in a legal dispute with his former employer regarding income tax and social security. According to Dutch law an employer may not demand payment of particular social security contributions from an employee. The former employer of our client refused to pay back the amount of approximately 10.000 euro regarding social security contributions which was paid by our client via a settlement agreement. Eventually, Court proceedings were not necessary and the employer / the tax advisor of the employer repaid voluntarily the full amount to our client.
Amanda Brouwers &Piotr Wawrzyniak

01/05/2020

Mr. Brouwers wrote an interesting article about employees in times of the corona crisis.

See the link below for the article.

https://www.europeanequinelawyers.com/cutting-down-salaries-in-response-to-the-covid-19-crisis/

Amanda Brouwers

09/04/2020

FEI introduces important changes for the organizers of showjumping competitions

For the entire article see the link below:

https://www.europeanequinelawyers.com/fei-introduces-important-changes-for-the-organizers-of-showjumping-competitions/

28/03/2020

On 26 March 2020 the NVWA temporarily suspended the export certification due to the corona virus.

Due to the limited capacity and (inter)national measures related to the coronavirus (COVID-19), the NVWA decided that from Friday 27 March 2020 export certification will no longer be carried out for i.e. horses (not intended for slaughter). An exception applies to animals who are already in quarantine. These animals can still be exported. Furthermore, new quarantine requests are no longer accepted and current quarantines are no longer extended.

In case you are having problems due to this decision regarding the delivery of a sold horse (or other animal) to a foreign buyer or if you have any other legal question regarding the aforementioned decision of the NVWA, please do not hesitate to contact us.

Telephone number: +31 (0) 135114420 / e-mail: [email protected]

From now on we are located at our new address in 's-Hertogenbosch at Hoflaan 7-9.

24/03/2020

Fighting the Corona crisis together. Read our new post!

https://www.europeanequinelawyers.com/fighting-the-corona-crisis-together/

20/03/2020

Covid-19 precaution measures for the equestrian industry 🐴

The Dutch minister of medical care and sports called public restaurants, bars, other food and beverage establishments (except for take away) and sports clubs to close until April 6, 2020. This also concerns the equestrian industry. However, horses have their basic needs: they need care and exercise.
A practical overview what is allowed and is not allowed in your equestrian facility in the Netherlands according to the guidelines of the KNHS (the Dutch sport horse organisation) and the FNRS (the Dutch organisation for horse riding schools):
❌Third party training and lessons must be cancelled immediately.
❌Sport horse accommodations must be closed for third parties until April 6, 2020; no training; no lessons, no other activities are allowed.
❌No group activities are allowed.
✅Individual riding is allowed for owners, regular riders, lessees or volunteers. In case one of them has a cold, request them to stay home for the duration of the symptoms and at least 24 hours after the symptoms have disappeared ‼️.
✅Transport of horses is allowed but it is not recommended to let in people (and horses) from outside into your equestrian facility.
‼️Riding under supervision is only allowed when strictly necessary;
✅Inform your clients about the taken precaution measures.

If you need help with drafting Corona-precaution measures or an information letter to your client, or in case you have questions related to this subject or clients, employees and other third parties ask you questions which you cannot answer. Feel free to contact us.

We could advice you on the financial effects of the measures as well. The Dutch government introduced a set of emergency measures to financially assist companies. One of the measures is the so called “NOW”: in case your company’s turnover lowers more than 20% due to the measures taken the Dutch Government pays a part of the salary of your employees in the coming months, up to 90%. Also the self-employed will be supported. In case you need advice to see what the possibilities are and on how to apply for these measures please contact us as well.

Phone number: +31(0)135114420 📞/ [email protected] ✉️
From March 24 we are located in our new office in ’s Hertogenbosch (The Netherlands), at the Hoflaan 7-9.

13/02/2020

Labour law: low unemployment contribution rate to be paid to the government? Ultimately on April 1, 2020 your administration has to be up to date.

Dutch labour law is changed on January 1, 2020. One of the changes? The Dutch government tries to promote security for employees. From January 1, 2020 it is cheaper to employ an employee for an indefinite period of time (for a fixed amount of hours) instead for a limited period of time and for a variable amount of hours. The difference?

Employment agreement for an indefinite period of time and a fixed amount of hours: 2,94% to be paid over the employee’s gross salary. Other contracts? 7,94%. Except for contracts with employees younger than the age of 21. The difference is an amount of 5%; quite a substantial amount.

In case you would like to apply the low unemployment contribution rate from January 1, 2020 you will need to have a signed employment agreement (for an indefinite period of time) in your administration or another signed document proving that the employee has this kind of employment agreement, ultimately on April 1, 2020.

Need help or advise on Dutch labour law? Please contact our colleague Amanda Brouwers (tag)

31/01/2020

Brexit update: do British citizens continue to have the right to stay and work in the Netherlands after today, January 31, 2020?

It was quite a soap, but from tonight 00:00, Brexit is official. It is not a no-deal Brexit. From February 1, 2020 until December 31, 2020 there will be a transition period.

British citizens already in the Netherlands before Brexit

Within this period all British citizens (and there family members) who stayed in the Netherlands before the Brexit, keep there rights to stay, study and work in the Netherlands in the transition period. A temporary residence permit is not needed. Spread over the transition period British citizens (and there family members) will receive a invitation letter from the IND to file a request for a residence permit for after the transition period. Therefore it is important as a British citizen to be correctly registered with the BRP-register in the Netherlands: otherwise you will not receive the letter (on the correct address)!

British citizens coming to the Netherlands after Brexit

Nothing changes for British citizens who are coming to the Netherlands during the transition period. They will need to apply for a residence permit for after the transition period as well.

Note that the request for a residence period should not be filed later than 6 months after the transition period.

More information can be found at https://ind.nl/en/Pages/Brexit.aspx

Questions about the implications of Brexit for you and/or your company? Do not hesitate to contact our office. We are happy to assist you.

This article is written by Amanda Brouwers – attorney-at-law, Schelstraete Equine Lawyers / Schelstraete Business Lawyers – [email protected]

1. The transition period can be extended for another year.
2. This term can be extended but not be shortened.