Court in Arnheim to Cast Verdict in "Schockemöhle vs Visser" Case of Totilas' Semen

Sun, 10/30/2022 - 10:55
The Netherlands
Edward Gal and Totilas win the 2010 CDIO Aachen before winning the 2010 World Equestrian Games :: Photo © Astrid Appels

The legendary stallion Totilas continues to live on at a high emotional level two years after his early demise. Former owner Kees Visser and Totilas' last owner, Paul Schockemöhle, are caught up in a big cross-border lawsuit about the ownership rights of his frozen semen.

The Dutch magazine Quote (similar to Forbes magazine) published a summary of the lawsuit on 27 October 2022 as the Dutch court in Arnheim will be casting its verdict in December. 

The Semen Story

The KWPN stallion Totilas (by Gribaldi x Glendale), World and European Champion and world record breaker, passed away on 14 December 2020 following a severe colic attack.

In January 2021, the Dutch stallion station Holstud announces on Eurodressage that it will be selling Kees Visser's 244 straws of frozen semen, exclusively for ICSI insemination (Equine Intracytoplasmic Sperm Injection). A month later the price is set at 3,750 euro per ICSI procedure, but with a partial gestation guarantee. 2750 euro would be repaid if the mare is not in foal.

Paul Schockemöhle, who bought Totilas after the 2010 World Equestrian Games, had been standing him at stud since 2011. He first put the price at 8,000 euro per covering.  In 2016 he dropped it to 5,500 euro, then to 4,000 euro, then to 2,500 euro. In 2020 the stud fee was 2,800 euro. 

In the sales transaction, Schockemöhle did receive 600 straws of semen, as Visser only wanted to keep some (i.e;. 244) for his own breeding at the time. Many of the 600 straws turned out to be infected with the CEM bacteria and were useless. The stallion was treated for the disease in 2011 and his semen had been clean since then.

The Lawsuit

Totilas with Matthias Rath at the
2011 European Championships
When Visser announced the sale of his frozen semen, Schockemöhle immediately sued the Dutchman as the German owner believes he owns the exclusive breeding rights to the stallion, and therefore also the 244 semen straws which Visser had in storage. He files an injunction in the Civil Court in Oldenburg (GER) in February 2021.

Visser at the time stated  that "nothing was put on paper about the semen we owned when Totilas sold. Paul Schockemohle has no right to (the semen) we collected in the spring of 2010."

On 12 March 2021 the Court in Oldenburg decided that Visser is not allowed to sell any semen until the matter is decided in court.  Visser appealed that decision but the Appeals court in Oldenburg reconfirmed that verdict on 7 July 2021. Visser issued his own press release on the matter.

This heavily publicized lawsuit revealed that Schockemöhle had paid 9.5 million euro for the stallion in 2010 and not the rumoured 11.2 million. 

The Tug of War

Schockemöhle with Totilas in 2010
The legal tug of war between Visser and Schockemöhle continued and Visser brought the battle to The Netherlands to the Court Midden-Nederland in Arnheim.

Visser had the court sequester all of the German owned Totilas' semen in The Netherlands, which lays in storage at Joop van Uytert's stallion stallion, as well as some horses for a value of 3.5 million euro. 

He claims that through the lawsuit he has sustained a loss of income of 18 million euro because of the seized 244 semen straws. His calculation is 25 ICSI-embryos per straw x 244 straws x 3,000 euro. He calculated a profit of 6 million euro on those straws.

In an interview with Horses.nl, Joop van Uytert stated that the price of a straw is determined by the market. If there is no demand, the price drops. He stated he sold "only" 25 coverings by Totilas in 2021 and when the stallion was still alive it was round 50 - 60 (this does not include what Schockemöhle himself sold in Germany). Totilas has 442 foals registered with KWPN born between 2010-2021.

The Verdict Coming Soon

Kees Visser in 2010
The Court Midden-Nederland in Arnheim held three sessions last week in the Totilas case. 

Quote wrote, "what became clear in the court of Arnheim is that there is very little explicitly on paper about this equine millions' deal, which was unprecedented at the time. The Dutch judge will cast his verdict at the beginning of December. "

Photo © Astrid Appels - private

Related Links
Schockemöhle Sues Kees Visser over Totilas' Frozen Semen
The Court Rules: Schockemöhle Sole Distributor of Totilas' Semen
Kees Visser Appeals Court Ruling over Totilas' Frozen Semen
Holstud Offers Totilas' Frozen Semen for 2021 Breeding Season
Holstud Decides on Price Totilas' Frozen Semen, Insemination Via ICSI, Partial Gestation Guarantee