eIn his ironic commentary, Johannes EienbrOker can not resist kicking off: "Welcome to this furious litigation," the judge calls on the parties and the numerous journalists who have appeared in Munster district court to open the proceedings. Furious is the Pug-Posse in fact, with the city of Ahlen earlier this year made international headlines. Even in the "New York Times" managed the municipality in Munsterland.
How did everything go? A shirt-sleeved law enforcement officer of the city had seized the pug-Lady Edda at a particularly stubborn debtor, and to make the animal as soon as possible in the sense of the city to make money on ebay classifieds as "healthy" praised. The passionate pug lover Michaela Jordan from Wulfrath near Wuppertal struck. For 690 euros. A bargain – at first sight. A few days later, the police officer was seriously deceived, because Edda, who gave her the name Wilma, had to be operated several times on the eyes. In addition, the bitch needed expensive drugs and was therefore anything but "healthy" according to Jordan.
She wants the bitch, which had grown very dear to her heart, but still necessarily keep the city Ahlen but her the purchase price, the veterinarian costs, the travel costs and finally the treatment costs reimburse, the at a presumed lifetime of the dog of 14 years still on they would come. Overall, the claims that Jordan's lawyer has calculated add up to more than 20,000 euros. The law enforcement officer had deliberately lied, because he knew that Edda was sick and therefore worth less. The lawyer wants a landmark judgment. It had to be clarified whether the seizure was permissible at all.
There will be no principle decision
In fact, bailiffs and law enforcement officers in Germany may seize just about everything – but pets are exempt. Actually. The seizure is allowed, however, if an animal has such a high value that the waiver of the proceeds would not be acceptable to the creditor. The city of Ahlen is right. In March, she commissioned a well-known law firm with a 19-page legal opinion. Thus, although it came to a violation of form and procedural rules (meaning the marketing of the dog on the private Ebay account of the executing officer), but after weighing all interests and "taking into account the debtor behavior" Edda was legally seized and sold. Because at the previous owner in Ahlen had a "persistent payment refusal" existed. Since 2014, she has not been able to meet the demands for various services such as full-time care for her children. Nevertheless, the family has grown in 2017, the pug puppy – for proud 2,400 euros. However, the dog tax paid then also not the woman, which is why the demands of the city last summed up to 7357.11 euros.
On Wednesday, Judge EienbrOker, the two parties first recount their views on things. It is about health details of the "disputed pug", as the judge ironically formulated. A little later, EienbrOker makes it clear in his preliminary legal assessment: There will be no fundamental judgment in the Edda / Wilma Causa. The question of an official breach of duty could "remain completely open". First and foremost, it was about the question of whether the "object of purchase" at the time of purchase was defective, which must be determined by a verifier.
So much but is for the judge already clear: to advertise Edda in the Ebay ad as "healthy", was "very critical to see." The guarantee was not effectively ruled out as things went. It would be easy to simply rewind the business. But that was obviously not a viable proposal for a settlement, the applicant would not give the dog back, says EienbrOker and smiles. Then he quotes Loriot. "For you, the motto is: A life without a pug is possible, but meaningless." Jordan nods vigorously.
On 4 December, the judge wants to announce his decision. The cost and damage calculations of the lawyer Michaela Jordan does not consider EienbrOker to be fully comprehensible. But a few thousand euros should cost the city of Ahlen, the pug-Posse in the end.