On 12th February 2025, the Court of Cassation ruled in a dispute between a dog breeder and their clients.
After acquiring a German Shepherd puppy in January 2018 for €950, private buyers discovered the animal had a medical condition, despite the health certificate provided by the breeder at the time of sale. Dated about ten days before the sale, the document issued by a vet stated the animal had no health problems.
A congenital disease
A few months later, the puppy's new owners were faced with the facts. Like many dogs of this breed, the puppy suffered from dysplasia, a joint malformation. This was genetic in origin and could prove very debilitating for the animal depending on its severity.
Following this discovery, the puppy's owners decided to take legal action and hold the breeder accountable. On 15th June 2023, the Paris Court of Appeal ruled in its judgement that the contract had been respected: "a latent defect does not automatically constitute a lack of conformity and that, even though the animal was affected by genetic dysplasia from birth, it has not been demonstrated that it differs from its description at the time of sale nor from what buyers could expect when acquiring a domestic pet."
Breeder held responsible
However, the Court of Cassation ultimately overturned this ruling. Referring to Articles L. 213-1 of the Rural and Maritime Fishing Code and L. 217-4 of the Consumer Code, it ruled that a breeder has an obligation to sell a puppy in perfect health: "by ruling thus, whilst acknowledging that the animal, declared to be in good health at the time of delivery, actually had a genetic disease, the Court of Appeal violated the aforementioned texts."
Following the judgement, the first civil chamber of the Court of Cassation ordered the breeder to pay €3,000 in damages to the dog's owners.
