We are pleased to inform you of the latest Spanish court victories over the last two weeks. M1 Legal secured FIFTEEN positive awards with a total value of £284,482. Our highest award from these latest results was confirmed against Diamond Resorts valued at £45,851.
Please see below a breakdown of the substantive results:
1st Court of Instance:
- Restotel (Onagrup) - At Barcelona court number eight, the judge declared the contract null due to lack of accommodation information, law 42/1998. Amount awarded - £9,677.
- Diamond Resorts - At Fuengirola court number three, the judge declared the contract null due to lack of accommodation information, law 04/2012. Amount awarded - £14,239.
- CLC Paradise Trading x 2 - At Arona court number two, the judge declared the both contracts null due to lack of accommodation information, law 04/2012. Amounts awarded - £24,047, £23,089.
- CLC Continental Resorts - At Arona court number two, the judge declared the contract null due to lack of accommodation information, law 04/2012. Amount awarded - £21,451.
- CLC Sucursal - At Fuengirola court number four, the judge declared all client contracts null due to the fact that it was sold as an investment as well as lack of accommodation and contract duration information, law 04/2012. Amount awarded - £29,914.
- CLC Sucursal - At Arona court number two, the judge declared the contract null due to lack of accommodation and contract duration information. Furthermore, it declared nullity of the accessories (finance) connected to the main contract, law 04/2012. Amount awarded - £12,469.
- CLC Sucursal x 2 - At Fuengirola and Arona courts, the judge declared the contracts null due to lack of accommodation and contract duration information (law 04/2012). Amounts awarded - £20,552, £15,565.
- CLC Sucursal - At Fuengirola court number three, the judge declared the contracts null due to lack of accommodation information. (law 42/1998). Amount awarded - £23,752.
We also received confirmation of another positive judgment against Diamond Resorts.
Appeals:
- Diamond Resorts - At the Court of Appeal in Malaga, it was confirmed that the judgement from the First Instance still stands which declared the contract null due to lack of information regarding the accommodation, (law 42/1998). Amount Awarded - £45,851.
- CLC Sucursal x 2 - At the Court of Appeal in Malaga, it was confirmed that the judgements on both cases from the First Instance still stand which declared the contracts null due to lack of information regarding the accommodation, law 04/2012. Amounts Awarded - £13,102, £16,147.
- CLC Sucursal - The Court of Appeal in Malaga, has revoked the decision from the First Instance regarding the accessories contracts (loan), and confirmed nullity of the main contract due to lack of accommodation information, law 04/2012. Amount Awarded - £12,026.
Jurisdiction:
Six cases valued at £108,137
Our jurisdiction positive results were:
In one of the cases against Diamond Resorts, the defendant appealed against the initial decision to proceed with the claim in Spain which was declined by the judge, the next step for the case will be the preliminary hearing.
In the cases against Marriott, RCI Europe & Mertex, RCI and Diamond Resorts, they requested the discontinuance of the lawsuit pending a preliminary ruling on the question of jurisdiction pending before the European court. In all the above mentioned cases, the judge declined this request declaring that the lawsuits continue to proceed in the Spanish courts.
Finally, in this last appeal against CLC Sucursal, the judge from the First Instance has declared to interrupt the claim and leave it on hold until the preliminary ruling at the European Court. M1 Legal appealed this decision which resulted in the Court of Appeal turning that decision down, declaring the Spanish courts competent to proceed with the claim.
All cases mentioned above will now proceed to the next step.
