We are pleased to share last week’s Spanish court victories.
M1 Legal secured four successful results, with total awards of £51,951.
First Court of Instance results
- Club La Costa Sucursal – The court declared the contract null due to a lack of essential information, including the property and when it could be used. £16,944 awarded.
- Marriott Vacation Club International (MVCI) – Heard at Court No. 1 in Marbella, Spain, the court condemned MVCI Holidays and Management and declared the contract null because the duration could not be determined. Although this was a successful outcome, the judge rejected the interest accrued during the 14-day cooling-off period, stating it depended on exercising the termination right. The judge also upheld a counterclaim requiring the clients to pay €2,727 and legal costs, despite the contract being declared null and void. The lawyer handling the case will appeal both points to seek an increased award and the removal of the amount the clients have been ordered to pay. £16,200 awarded.
Appeal wins
- Anfi – The appeal hearing took place at the Provincial Court of Santa Cruz de Tenerife. Anfi’s appeal was dismissed and the judgment confirmed, meaning the First Court of Instance decision remains in force. Key points: 1) confirmation of the indeterminacy of the contractual object (the sole ground of appeal); 2) a corresponding order for costs. £24,097 awarded.
- Club La Costa Continental – The Court of Appeal dismissed CLC’s appeal in full, upheld the original First Court of Instance judgment, and ordered CLC to pay court costs. £11,654 awarded.
11 jurisdiction victories valued at £187,534
M1 Legal also secured 11 jurisdiction victories last week: nine against CLC and two against Diamond Resorts. In each case, the defence challenged the matters being heard in the Spanish courts. Six were wins at the initial jurisdiction hearing, and five were successful outcomes on appeal. All cases will now move on to the next stage.
