Frequently asked questions

Sometimes. It depends on what was agreed at the time of sale about the intended use and the health of the horse, on when the defect arose and on whether you complained to the seller in good time.

If the horse does not conform to the contract, depending on the situation you can claim rescission of the sale, a price reduction or damages. Report the defect in writing as soon as possible and keep all veterinary records.

Not necessarily. A clear vetting does not mean that the seller is no longer responsible for anything. The vet who carried out the vetting may also be liable if they missed a finding that a reasonably competent professional would have spotted.

We obtain the vetting report and X-rays, have them independently assessed and discuss with you whether a claim against the seller, the vet or both has a good chance of success.

Yes. Under German law, too, the buyer has rights if a horse has a defect. Which law applies depends on what was agreed and on whether you bought as a consumer or as a business. Within the EU, a judgment can also be enforced in the other country.

Because our firm includes Rechtsanwälte, we handle such cases in both countries from a single file. Please note: the time limits for complaining can be short.

For an initial assessment of your case and the first letter, we agree a fixed fee in advance. So you know where you stand from the outset. After that, we discuss where the case stands and what the next step will cost, in advance and in writing.

With a clear written sale agreement. Set out in it the use for which the horse is being sold, which vetting was carried out and which findings are known, when the risk passes and who is responsible for transport, passport and certificates.

In addition, make an express choice of the applicable law and the competent court. We draft standard contracts tailored to your trading practice and to the countries in which you sell.

In many cases, a yard owner may retain the horse until the outstanding livery fees have been paid. This is known as a right of retention (retentierecht). During that period, you remain responsible for looking after the horse properly.

You may not simply sell the horse to recover the debt; as a rule, that requires a judgment or court intervention. Take advice before you act.

Yes. We assist riders, owners and other parties in disciplinary proceedings before the KNHS (the Royal Dutch Equestrian Federation), the German FN and the FEI, and in disputes over sponsorship agreements and competitions. Our specialists are active in the sport themselves and know these organisations from the inside.

Equine law is not a separate field of law but an umbrella term. It covers, among other things, the purchase and sale of horses, equestrian property, liability for accidents and pre-purchase vettings, breeding, sponsorship, disciplinary law and animal welfare.

They include horse owners, professional dealers, buyers and sellers, landlords and tenants of equestrian property, riders, breeders and vets.

Share your suspicions or evidence with us. We assess which legal steps are open to you, from a report to the supervisory authority and a disciplinary complaint to civil proceedings, and get to work for you as quickly as possible.

Because such a lawyer (advocaat) knows not only the law but also how things work in practice. Our specialists are show jumpers and horse owners and have held board positions at the KNHS, the KWPN and the Stichting Veilige Paardensport (the Dutch foundation for safe equestrian sport).

A Rechtsanwalt is a lawyer admitted to practise in Germany. Bavelaar Advocaten includes both Dutch lawyers (advocaten) and Rechtsanwälte, so we can advise you under Dutch and German law and litigate in both countries.

Yes. Our Rechtsanwälte assist you in court proceedings in Germany. Our founder is admitted in both the Netherlands and Germany, so you keep the same lawyer in both countries.

We advise in particular on German corporate and company law, real estate law, employment law, equine law and road traffic law. For other areas of law, we can call on our flexible network.

Yes. We work in Dutch, German and English. Our Rechtsanwälte speak Dutch, so you can discuss your case in the language you are most comfortable with.

For advice and proceedings under German law, our Rechtsanwälte act as German lawyers. The German rules of professional conduct and the Rechtsanwaltsvergütungsgesetz (RVG, the German Lawyers’ Remuneration Act) apply. We explain this in advance in the engagement letter.

Yes. Bavelaar Advocaten is a member of IR Global, an international network of independent law firms. Through that network, we can help you quickly and expertly in more than 155 jurisdictions.

Due diligence provides insight into the legal, financial and tax position of the business. It forms the basis for a well-founded purchase price and for the warranties and indemnities in the sale and purchase agreement.

Yes. We provide our support within a multidisciplinary framework and have worked closely with financial and tax advisers for many years. As a result, communication between everyone involved runs efficiently.

Yes. We advise on the most suitable legal form for your German subsidiary and work closely with German notaries, so that incorporation proceeds quickly and carefully.

Yes. We assist both buyers and sellers, from the first meeting and the investigation through to negotiating and drafting the sale and purchase agreement.

Group company law is the law that applies to a group of companies that remain legally independent but operate as a single economic unit. We advise on this under both Dutch and German law.

Often, yes. We look for an amicable settlement first and can act in mediation and arbitration. If that fails, we represent you in court proceedings.

Yes. We review existing commercial contracts for risks and ambiguities and advise you on amendments before you sign or renew.

That depends on what the parties have agreed and on the European rules. We advise you in advance on the choice of law and forum, so that you know where you stand if a dispute arises.

That is sometimes possible, depending on how far the negotiations had progressed and what the parties could reasonably expect of each other. We assess your situation and advise on your prospects.

Depending on the situation, you can claim performance, rescission or damages. We advise on the best course of action and, where necessary, conduct the proceedings.

Yes. We draft general terms and conditions that suit your business, and we also litigate in disputes arising from them.

In certain cases, yes, for example in the event of mismanagement, bankruptcy or where creditors are knowingly prejudiced. We assess your situation and advise you on how to limit the risk.

That can be the company itself, its shareholders, the parent company, the trustee in bankruptcy or third parties such as creditors. We act on behalf of directors and on behalf of parties bringing claims against a director.

In principle, no, but in special circumstances it can be. Case law on this depends heavily on the facts. We tell you exactly what is and is not possible.

Notify the Dutch Tax and Customs Administration (Belastingdienst) of the inability to pay in good time and in the correct manner. If you do not, you can be held personally liable as a director. If in doubt, contact us straight away.

We review the policy conditions and the grounds for the refusal. A negotiated solution is often possible. If not, we conduct the proceedings or arbitration.

Yes. It is precisely in advance that directors and parent companies can limit many risks. We advise on structure, decision-making and insurance, so that you are well prepared.

Dutch employees working for a company in Germany are generally subject to German employment law. That may be different if the parties have made a choice of law, although the employee will then often still be protected by the mandatory German rules. We assess your situation.

Yes. We draft German employment contracts and review existing ones, so that they comply with German law.

With a director, both company law and employment law come into play. We guide the decision-making and the termination, for B.V.s, N.V.s, GmbHs and AGs.

Our employment law practice focuses mainly on employers and directors. Employees with a cross-border question are also welcome to contact us.

Yes. Our firm includes Rechtsanwälte who assist you in proceedings in Germany.

Both. We have an extensive public sector practice and also act for private parties, particularly in real estate and construction, chemicals, ports, energy and food.

That depends on the activity and its possible effects on protected nature, such as nitrogen deposition on a Natura 2000 site. We assess this for you, preferably before you apply for a permit.

REACH is the European regulation on the registration, evaluation, authorisation and restriction of chemicals. We advise businesses on the obligations that arise from it.

Often, yes, provided you are an interested party and observe the time limit. That time limit is usually six weeks, so contact us promptly.

In the event of expropriation, the owner is entitled to full compensation. We assess whether the government’s offer is correct and assist you in the proceedings.

Yes. The Environment and Planning Act (Omgevingswet) has been in force since 1 January 2024. We advise on its consequences for your plans, permits and ongoing projects.

Call or email us and we will be glad to speak to you in person. You will receive a response within 24 hours, usually from the lawyer (advocaat) who will also be handling your case.

Unless otherwise agreed in writing, we calculate our fees on the basis of the hours spent multiplied by the hourly rate of the lawyer (advocaat) involved. In addition, we charge a percentage for office expenses and any disbursements, such as court fees and travel costs. We set out these arrangements in advance in an engagement letter.

We may ask for an advance on work to be carried out. Any advance paid is set off against the final invoice. As a rule, we invoice monthly by email, with a payment term of fourteen days.

We work in Dutch, German and English. Our Rechtsanwälte speak Dutch, so you can discuss a German case in Dutch as well as in English or German.

Our head office is at Keizersgracht 62 in Amsterdam. We also have offices in Hamburg, Extertal and London. We can meet at whichever location suits you best, or by video call.

Our general terms and conditions apply to all our engagements. In addition, we record the scope of the engagement and the fee arrangements in an engagement letter.

We would like to hear if you are not satisfied. Please discuss it with your lawyer (advocaat) first. If you cannot resolve it together, you can submit a complaint under our internal complaints procedure. Mr. Dr. P. Bavelaar LL.M. acts as complaints officer.