Madita is sweet as candy, huge wide eyes, caramel-brown fur, you would love to take the puppy, which is offered on the “A Heart for Stray Dogs” website, home with you along with its clumsy siblings Gio, Kari, Karlie and Tootsie – and save them in front of the animal shelter in Romania. Something similar happened to a woman from Berlin who discovered the four-month-old bitch Bailey at the same club in Munich. She signed an animal leasing contract and brought the dog lady to her. But the animal love was short-lived, after a few days the woman gave the dog away again. Now she went to court to sue for her costs of 515 euros.
The 6th Civil Chamber at the Munich I District Court primarily deals with insolvency matters and “civil litigation”. On Thursday, however, the presiding judge Andreas Harz discussed the lowlands of animal remains. Worms in the faeces, for example, or parasites in the animal.
Specifically, it was about Bailey from Romania, type “Stiangglander breed”, as they would say in Bavaria, in German: a mixed breed dog. According to the Munich association, it works with animal welfare organizations in Romania and imports dogs to Germany that live on the streets there or await their fate in killing stations. The dog will be handed over to the new owner for a nominal fee. An “animal transfer agreement” is signed, which expressly does not include any transfer of ownership. According to this contract, the new master and mistress would have the right to return the animal, but no right to reimbursement of the costs incurred.
Bailey traveled to the then 32-year-old Berliner at the end of February and had to pack the collar and food bowl again a week later. The dog was described as “healthy, playful, cuddly”, also unremarkable in character, also dewormed according to the vaccination card, the plaintiffs submitted. However, the veterinarian diagnosed worms in the faeces, as well as a parasite infestation with Giardia, which leads to diarrhea and similar unsightly things. And Bailey wasn’t that cuddly either, she rather showed “territorial behavior” and “only thought about eating”.
The defendant argued that the excreted worms could still come from the deworming treatment. And where the dog caught the parasites is not known. His three siblings, who were also mediated, were not ill. The woman was given extensive advice beforehand, but she was “extremely overwhelmed”.
The district court dismissed the Berliner’s claim in the first instance, but while trying to reach an amicable agreement, judge Harz indicated that he saw things differently. “We tend to think it’s a contract of sale,” he said. The ex-dog owner would therefore be entitled to compensation, i.e. reimbursement of the costs for the veterinarian, animal trainer, the purchase of the transport box, a GPS tracker and the transfer fee of 225 euros.
The association rejected a comparison. The chamber will now issue an order on evidence and announce which witnesses are to be heard or expert opinions obtained. Bailey shouldn’t care about the dog’s butt. She immediately found a new two-legged can opener.