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Process after Hundepfändung: The Pug Malaise

2019-11-13T19:38:10.858Z

The city of Ahlen seized a pug and sold it on Ebay. Less than a year later, the case deals with the district court of Münster: It's about "the insufficiency of a pet" and about damages.




It is not an everyday matter that Judge Johannes Eienbröker negotiates today in the Münster district court. He says it right at the beginning of the appointment: It is a "somewhat quaint legal dispute". Then he describes the facts, it is about Wilma, who was once called Edda. It is about the "disputed pug," as formulated by Judge Eienbröker.

A family from Ahlen bought the pitch-black animal two years ago for 1200 euros from a breeder. The buyers, however, had debts to the city, an enforcement officer came, saw and seized the animal. He put it on his private account at "Ebay Classifieds" on the net, there he also offered flip-flops. A policewoman bought the animal - and noticed that the dog has problems with the eyes. A dispute began, about which only the "Ahlener Tagblatt" reported and later the "New York Times".

Now the case has reached the Münster district court. Buyer Michaela Jordan from Wülfrath near Wuppertal has sued the city of Ahlen. She claims damages, because the city has touted the sick dog as healthy. Among other things, the city should bear the cost of the treatment, including the future accrued, estimated 20,000 euros. The executing officer knew about the mops' malaise and lied about his condition. The city rejects this accusation and denies that the animal is even sick.

Wilma did not appear in court. The plaintiff's lawyer had previously said on the phone: "The dog stays at home." It is not appropriate to bring the animal. Owners Michaela Jordan says the Pug Lady was scared.

He is not allowed to talk to journalists

Apart from the dog, everyone is there. Michaela Jordan, the owner of the dog, a strong, tall woman, by profession police chief. Enforcement officer Stefan Michalski *, shaved neck, muscular upper arms, he once served in the Jägerbatallion. He is not allowed to talk to journalists about the cause.

Gordon von Bardeleben, the lawyer representing the city, is responsible for this. A tall man with a suitcase in the district court appears, his red socks flashing under his suit trousers. He will say after the trial that it is a "quarrel about the insufficiency of a pet".

Fabian shrub / DPA

Plaintiff Jordan: Pug Wilma stayed home

The complaints of the dog referred Judge Eienbröker as "syndrome of dry eyes". The dog has to do without tears, which cares for the eye and cleans. The "waxing eyelash-like hair in the direction of the eyeball" doctors have also attested to the pug. Therefore, his cornea was damaged, so much so that veterinarians did not operate it a few weeks after the sale on Ebay in December 2018.

His unusual auction explains the executing officer Michalski in court as follows: Normally you sell pawns on the portal zollauktion.de - animals could not be offered there but. Since the city does not have an account on Ebay Classifieds, he used his own. After all, it is one of the largest platforms for the sale of animals.

The pug eyes are sensitive

Judge Eienbröker suggests that it does not look good for the city of Ahlen. At its core, the case involves damages for a claim under warranty law. The city could exclude them by law, but it must also point out. Whether this happened, the parties make contradictory statements. In any case, according to the judge, this advice was not given. He described the corresponding formulations in the sales contract as "very questionable". Michalski admitted in the trial to have used a purchase contract from the Internet.

The ad also said Edda was "healthy". And this despite the fact that a breeder had previously warned the enforcement officer about a possible eye disease, the judge said. Michalski had then, according to his own statement, visited the veterinarian of the dog, asked about this disease - and got the answer that there was nothing on record. However, the officer did not have the dog with him and no photos of the animal. "The statement 'healthy' is very critical to see," says the judge. Experts must now clarify whether and since when the dog is ill.

After the trial, Michaela Jordan says she thinks she has a good chance. Then she tells about Wilma, who was called Edda before. The dog's eyes are sensitive, even grass can irritate them. The other day they were on the beach, after which she rinsed out Wilma's eyes with a solution. Jordan says she creams, the dog gets pills. But all in all, she says, Wilma is fine.

Also read the history of the case: A German dog life

Source: spiegel

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