We are pleased to share last week’s Spanish timeshare court victories.
Our legal team secured six substantive wins, with total awards of £156,857.
Diamond Resorts (2 cases) – in both matters, the court declared the contract null due to a lack of information about the contract term. We were also awarded costs in each case: £16,005 in one and £11,474 in the other.
Club La Costa (2 cases) – the first win was against CLC Continental Resorts. The judge ruled that CLC has 30 days to clear the loan taken out via Shawbrook when the client originally purchased. CLC must repay the loan in full, along with the interest the client has paid to date – £87,968 awarded.
The second case was against CLC Sucursal. Here, the court found the contract null due to missing information about the property and usage, as well as the contract period. A further positive point was the award of interest from the date the client purchased the timeshare (rather than from the date the claim was filed). We were awarded costs – £19,908.
Tasolan (Palm Oasis) – the Court of Appeal (Málaga) upheld our first-instance victory in full, as the contract stated a term of more than 50 years. All of Tasolan’s allegations were rejected, and we were awarded costs – £10,521.
Anfi Sales & Anfi Resorts – the final substantive win of the week. The contract was declared null due to a lack of information about the contract period, and we were awarded costs – £10,980.
We also achieved 10 positive jurisdiction decisions, valued at £168,492.
All 10 jurisdiction wins related to Club La Costa. The defence argued the cases should not be heard in Spain; the judge rejected that argument and confirmed the Spanish courts have jurisdiction. Five of these matters were appeals of an earlier jurisdiction hearing, and we won those as well.
All jurisdiction cases will now proceed in due course.
