It has been almost ten years since top model Lonneke Engel summoned Academy Bartels because her horse U2 allegedly suffered irreparable injuries when he was in Bartels’ stable. In 2015, the District Court of Den Bosch rejected Engel’s claim, but he did not leave it at that. Yesterday, that judgment of 2015 was partially overturned by the Court of Appeal in Den Bosch and Bartels was sentenced to pay a small compensation and the considerably incurred legal costs.
Earlier, the Court of Appeal had already determined that the injury in the mouth of Engel’s horse, U2, arose during the period that U2 was stabled at Academy Bartels. Now, on January 24, 2023, the Court of Appeal has ruled additionally on the compensation to be paid by Bartels.
Malpractice on the part of Bartels
Decisive in the Court’s ruling was that Engel was wrongly not informed about the extraction of the wolf’s teeth, nor about the poor state of U2’s teeth. Subsequently, the Court blamed Bartels for not having a six-monthly dental checkup carried out and that Bartels was unable to provide U2’s medical data at all. Therefore, according to the Court, there is a breach of contract on the part of Bartels.
No conviction for causing injury
Bartels was therefore not convicted of causing the injury in the mouth of U2. Engel had initially demanded compensation of 250,000 euros for the value reduction of U2. That claim was rejected, as were the personal claims against Mischa Koot, Imke Schellekens and Tineke Bartels.
Academy Bartels must pay Engel a considerable amount of around 45,000 euros. These are largely legal costs (first instance and two appeals) plus an amount of around 9,000 euros for the period that Engel still paid for U2’s training and storage while she (according to the Court) had already been allowed to terminate the agreement.
The legal costs have risen considerably, including 20,000 euros in costs for the expert report.
Read the full judgment here
Tags: Academy Bartels pay Lonneke Engel longdrawnout issue