German law: reversal of burden of proof in the consumption law remains unchanged
Warendorf (fn-press).
The Bundestag has voted on an amendment to the right to purchase. This law also affects the purchase or sale of horses. Commercial horse dealers and breeders can breathe a sigh of relief, because the regulation on the reversal of the burden of proof in animal purchases remains unaffected. The German Equestrian Federation (FN) and its breeding associations had campaigned for the preservation of this status quo in countless discussions at all political levels. "The decision of the Bundestag is a success for all commercial horse sellers, especially for our breeders. It is a clear vote for animal welfare and for horse breeding in Germany," said FN President Breido Graf zu Rantzau, adding, "Our years of struggle and continuous work at the political level have now paid off."
With a new directive, the European Union had left it up to its member states to decide whether to remove the sale of live animals from consumer sales law, something the FN has been advocating for many years. Admittedly, the Bundestag did not use this option. However, it also did not make use of the option to extend the reversal of the burden of proof to one year or even two. The original draft legislation also provided for an extension of the reversal of the burden of proof to one year for animals. This would have been a change in the law on the sale of consumer goods to the detriment of the animals and to the disadvantage of the sellers.
However, it has now been possible to achieve a special regulation for animals. The following regulation remains valid for the purchase of horses: If a private person buys a horse from a commercial horse dealer or breeder and the horse shows a defect within six months, then it is assumed that the defect already existed at the time the animal was handed over to the buyer. The buyer does not have to prove this, but the seller can try to prove the opposite (reversal of the burden of proof). jbc
