Tuesday, February 1, 2011

The Italian judicial system

Yesterday was a very big day for us, and more specifically for our little Flora. We were summoned to go all the way to Rovigo, a two and a half hours' drive, because the judge wanted to see me in person. You may recall that the malignant cow who sold us little Flora was a bit upset about me asking (and receiving) my money back through VISA because to me (and also to VISA) it was a clear case of internet fraud. The most important victim of which was a poor little kitten, almost starved to death and with a severe infection on her lungs, nose and eyes. "Well, if half of the truckload of kittens coming from Hungary dies, that's just too bad. As long as enough survive which I can sell for an exuberant price via our fraudulent websites". Yes, you read it right. In the mean time I've discovered no less than four different websites, possibly more, all from the same vendor and all showing the same, heartbreaking pictures and clips of the most adorable pups and kittens. I've decided to name and shame them after all, hoping that this message will spread and that this horrific animal trade will be rooted out. Idle hope, I know, but doing nothing would be even worse, wouldn't it?

http://www.vendita-cuccioli-caniegatti.com/ (now all of a sudden closed)

So as I was saying, Christine and I drove all the way down there, to arrive at the local courthouse. "Courthouse" is in fact a bit exaggerated because it was just the first floor in what rather looked like an appartment building. The only things that betrayed its true nature were the Italian and European flags which were proudly decorating the façade. By the front door we saw Floriano, one of our two sollicitors, making a call on his mobile. We had been a bit surprised that both of them would be present here because also for them it was a long drive. Well, as long as the other party will be paying the bill... :-D Sabrina, our other sollicitor, warmly greeted us when we arrived on the first floor and explained that it was better that they'd also appear in person, rather than to hire a local sollicitor for this session. The judge had after all summoned both parties "in person". Then again, we were in for a little shock. The corridor on the first floor was absolutely packed. Sabrina told us that our case was number 66 in line, whereas they had only just begun case number 34! We had anticipated on a little wait, even though the invitation had carried a specific time. But the way things were going, we would be standing here until nightfall. Oh bother... Sabrina tried to console us by telling that this is mostly what a sollicitor's life in Italy is all about: waiting. By a strange coincidence, the police had chosen the very same morning to present all of the pending fines to the judge. In Italy there's no such thing as a "police judge"; a person who only deals with traffic fines and incidents. All traffic cases are presented to a common civil judge, who in this case happened to be ours. And it goes without saying that all of these fines took presedence over our case. Grumble... The only wicked sort of amusement we got was staring at the faces of the people coming out of the judge's office. Most of them looked as if they'd just done the latrine's job in a major pig stable. Their noses pulled up high and their mouths closed so hard that their lips went all white.
We had been ordered to be there at 11:40, but by 01:00 we were still standing there, together with a whole bunch of other people who still had to present their civil case. The judge, obvioulsy concerned about his lunchbreak, then ordered all the remaining people in at once. It didn't look very good but Sabrina and Floriano assured us that they would press the judge to still hear our case. After all, we had come all the way down here on his orders. Alhough Sabrina wondered how the judge could still be all ears to our story if he had just had a hell of a morning with about 70 traffic cases to do.
The judge's office was, well, like a normal office. It certainly wasn't the sort of court hall that one could expect. Needless to say that when all of the remaining people were in, there was hardly any room left to breathe. The judge put the files of all of the remaining civil cases on a big pile on his desk and started to call all of them, in order to see who was still there. About half of them turned out to have already gone out for lunch! The remaining half were then divided between urgent and not so urgent. Meaning, to be postponed until March or some even until September! "My agenda is totally full", he apologised. Well, if it had to be September also for our case, personally I wouldn't mind. It's that wicked bitch who wanted her money, not me. Although we're still hoping to have all of the veterinary expenses refunded of course.
With those non-urgent cases out of the way, he still had half an hour to deal with all of the rest. "I'll continue until half past and that's it", he said.
So all of us had to go out again and wait for our turn. In the mean time Sabrina had already pointed out the vendor's sollicitor to us. A nasty old, little man; exactly the sort of person who'd make the kinds of remarks that we found in his reply to our defence. But there was another interesting detail: the vendor herself hadn't shown up, even though also she had been summoned. This normally shouldn't go down too well with the judge. I had been looking around to all of the women I saw, wondering who it would be. She certainly wouldn't be very young because setting up the whole animal trade business would take a certain amount of time. And it had to be a person without a heart. I can't imagine any other person doing the things she does for a living without the slightest sense of remorse. In the end I asked Sabrina if she could find the lady's age in the file. And indeed she could. Apparently, the vendor was born in... 1931!!! That bitch was eighty years old!!! Sabrina grinned that she'd probably provided her sollicitor with a medical note so she wouldn't have to appear. I said that perhaps they'd have to wheel her in on a wheelchair. Christine on the other hand wondered how such an old lady could still be running such a big business. Obviously she'd still be in charge on paper but leave the running itself to someone younger, like the nasty man who had delivered our Flora. In any case, even if she'd only be responsible on paper, that's exactly what she is and she'll have to bleed for what she did (and is still doing to other unfortunate animals).
Finally, at 13:25, it was our turn. We all went in apart from Christine. The case was started against me personally so she wasn't allowed to take any part. The judge began by saying that this was a "compromise" meeting. Sabrina immediatly intervened that if this were so, we hadn't been informed about any possible "compromise" by the other party. The judge said that in that case he'd propose fifty-fifty, which neither I nor the nasty sollicitor could accept.
- "If that cat were really half-dead as you claim, then why didn't you inform my client about it?", he said in a very arrogant way.
- "As a matter of fact I did", I replied, "I've tried to contact her for days on end!"
- "That's a lie", he said.
- "No it is not!", I replied and Sabrina added that we have copies of the e-mails to prove it.
The nasty sollicitor went on and started speaking to the judge.
- "That man", pointing at me, "just wanted to buy a cat from my client without paying 5 bloody Lire for it! If he's truly so unhappy, then he should give the cat back."
I was perplexed. How low can anyone go? As if Flora is just a stupid cupboard! A heartless stone which you can chuck away if you grow tired of it! This was indeed the "compromise" he proposed.
- "And what about all the medical expenses then?", Sabrina also mentioned. The other sollicitor didn't care to reply. Sabrina took the conversation back to the heart of the matter we wanted to discuss here. The European consumer's law stipulates that, unless otherwise agreed, any dispute following a purchase should be treated by the court at the buyer's residence.
- "Can you believe that?", the nasty sollicitor intervened, laughing and looking at the judge, "They'd want this case to be treated in Belgium!" He shook his head in mockery.
- "Or in Castelnovo ne' Monti", Sabrina went on without paying any attention to that prat, "the court where our client now resides."
The judge, clearly tired and unmotivated, said that he wouldn't take any decision now and that he'd let us know. He typed the names of the people present in his computer and added a note about our sollicitor's claim about the transfer of competence to either Belgium or Castelnovo. He would let us know as soon as possible. And we were sent out again.
Now we'll have to wait once more. Probably for months, but I don't care. Sabrina said that technically the judge wouldn't have any other choice than to declare himself "incompetent" in this matter and to pass the case on to Castelnovo. This would already be a big blow to the vendor. Sabrina added that she'd then have a word with the Castelnovo judge, apparently a good lady with a heart for animals, and that she'd have high hopes. Although she warned us that the Rovigo judge might still decide to keep the case at his court and that he may summon me again. Perhaps - if he's really stupid - to treat the entire case and at the end declare that he's incompetent after all so the whole thing will have to be done over again by another court. It's like looking at teabags for the moment.
But in any case, I'm not afraid. And above all, NOONE will ever take our Flora away from us. Even if we have to send her temporarily to Flanders or whatever. She's OUR little baby now and we'll never allow anyone to take her away. We love her with all of our hearts and she loves us back at least just as much. Every evening while we're in front of the telly she comes jumping on our laps, rolling about and thoroughly enjoying our caresses and the brushing of her tummy with a special cat brush. Oh yes, she definitely loves her daily beauty treatment! :-) And isn't she a beauty indeed?

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