Following an initial ruling that the claim did not fall within Spanish jurisdiction, M1 Legal appealed. The Malaga Court of Appeal overturned that decision. The defence had argued the case should not be heard in Spain, stating that the contract was governed by English law.
On appeal, the judge found that Club La Costa (UK) PLC Sucursal en España is a Spanish entity, meaning the claim should be heard in Spain.
The case was then returned to the Court of First Instance No. 3 in Fuengirola, which has now ruled that the Spanish courts are competent to hear it. This is the fifth case to be successfully re-submitted involving the same contractual name.
