It has now been nearly a year since Kiss Visser and Paul Schkemule first met on the German court over a Totilas seed. The German court imposed a temporary ban on Visser from selling Totilas straw, but Visser does not accept this. Meanwhile, there are new developments in the case: a Dutch court is also dealing with the matter and Visser confiscated the semen and horses of Totilas from Schockemöhle in the Netherlands.
In a three-page press release, Case Visser explains what has happened since then and how he is acting. Wesser appealed the summary judgment of Landgericht in Oldenburg. The initial ban on the sale of Totilas’ semen was confirmed by the Oberlandesgericht (the next body under German law): “Oberlandesgericht confirmed this ban temporarily on July 7, 2021, but instructed Landgericht Oldenburg to set a time limit for Schockemöhle to submit his alleged claims to the lower judge. At the latest.”
But there was also a “win” for Wesser and his team of lawyers from Luc Schelstraete’s office: “Oberlandesgericht indicated that not only the German court, but also the Dutch court had jurisdiction in the dispute. On August 8, 2021, Landgericht Oldenburg ruled that Schockemöhle should file its claims against the undersigned. to the relevant court by November 10, 2021 at the latest,” Visser wrote. Visser says he hasn’t heard anything about the latter.
delivered in the Netherlands
According to Visser, the fact that a Dutch court will hear the case is fully justified: “The application of Dutch law is of great importance in this matter. It seems that Schockemöhle is aware of this, and therefore advocates in the media that the sale of Totilas is subject to German law because it is said that Totilas has been checked and delivered in Germany. Here, too, Schockemöhle does not tell the truth. After buying Totilas, he acquired Totilas from Edward Gall’s stable in De Harskamp. Everyone knows that de Harskamp is located in Holland.”
summons to court
Visser has now summoned Schockemöhle in the Netherlands: “I have instructed lawyers to summon Schockemöhle in the Netherlands, to claim compensation for damages they have suffered and will incur, among other things. This damage will continue to accumulate as long as Schockemöhle prevents me from trading Totilas sperm. The summons has been filed. To start the procedure in the Netherlands already in Schockemöhle on July 16, 2021.”
This action, by the way, was rather difficult: “In the proceeding against Schockemöhle which I initiated in the Netherlands on July 16, 2021, he did indeed move to heaven and earth to make the Dutch court declare itself disqualified. By judgment of February 23, 2022, the District Court of Gelderland declared It is already competent to hear the dispute. Schockemöhle must respond to my allegations no later than April 6, 2022.”
hear the witness
In addition, Visser wants to hear from Schockemöhle and Ann-Kathrin Linsenhoff in the Netherlands: “Because Schockemöhle claims to have entered into agreements with me, my lawyer has petitioned the court for a preliminary witness hearing, where the undersigned, Schockemöhle but also Ms. will be heard. To the voice of Anne Katherine Linsenhoff under oath.
confiscation, claiming damages of €3,500,000
Moreover, Visser confiscates the semen and horses of Totilas from Schockemöhle that was with Joop van Uytert in the Netherlands: “The court has given me permission to confiscate Schockemöhle in the Netherlands, among other things, on the horses and sperm of Totilas which Joop van Uytert in Heerewaarden for the benefit of Schockemöhle. The court has provisionally estimated my claim for damages against Schockemöhle at €3,500,000.”
“I think the ban is illegal”
Visser wants to be able to sell Totilas’ semen: “Schockemöhle has only one goal and that is to prevent me from selling Totilas semen to mare owners. I find it illegal to enforce the ban. Schockemöhle has no right to have Totilas semen in my possession. By holding it back for as long as possible, I lose income and run the risk of decreasing sperm value in the long run. Then I miss the boat as they say and that’s exactly what Chokemule wants.”
According to Schockemöhle, it is about twelve straws, Visser previously disputed this figure. Visser wants to deliver frozen semen to Totilas through ICSI, so that this number can produce several foals.
Read the entire press release here