This week’s largest win was against Silverpoint, in a timeshare court case heard in the Arona Court. In this matter, the court awarded £81,411. The judge declared the fractional contract null and void because it did not meet the information requirements set out under law 04/2012 (including the “object” and “period”). In practical terms, the agreement did not describe clearly enough what was being purchased and for how long.
On the same basis for nullity in the Silverpoint judgement, our legal team also secured favourable outcomes in two Diamond Resorts cases, with a combined total of £15,826 awarded.
We also achieved a further three victories against Anfi Sales & Anfi Resorts, with these cases awarded an accumulated £39,279.
Two Club La Costa cases were also heard this week (contractual names: Continental Resorts and Paradise Trading S.L). Together, these cases received £33,572 in monies awarded.
Eight of our nine jurisdiction cases this week were brought against Club La Costa Sucursal and were all heard in the Fuengirola Court. Each case was successful, as was our case against Diamond Resorts Europe, also heard in Fuengirola. More than half of these wins relied on a framework decision addressing jurisdiction issues for this type of contract under law 4/2012.
The judge refers to this set of aligned decisions as a “RESOLUCION MARCO”. This jurisprudential framework underpins many current rulings on similar contracts, as reflected in this week’s jurisdiction victories secured by our legal team.
