We are pleased to share last week’s Spanish court victories.
M1 Legal secured five positive outcomes, with a total amount awarded of £174,305.
First Instance Court
- CLC Paradise Trading – The judge dismissed the contract due to its duration and included the price of previous contracts. The ruling also notes it was sold as an investment. Court costs were awarded in our favour. £21,716 awarded.
There was also a positive judgment against Diamond Resorts.
Appeals
- Anfi (2 cases) – In the Court of Appeal in Las Palmas, the Canarian Magistrates overturned a judge who had been rejecting claims due to a client’s non-payment of maintenance fees. The Magistrates confirmed that nullity can be ruled even for consummated and expired contracts. The judge subsequently ordered Anfi to pay the clients and awarded double the amount paid during the cooling-off period. This is a significant setback for Anfi, which believed it would avoid both judgments. It also strengthens our confidence to continue pursuing claims where contracts have been treated as “extinguished” due to non-payment. With support from Gran Canaria and Malaga courts, we can continue to argue for nullity in future cases, even where an incorrect first decision is made. Total awarded across the two cases: £99,608 awarded.
- Anfi – In the Provincial Court of Las Palmas (Gran Canaria), a case filed by Anfi was dismissed following its appeal. As a result, the First Instance judgment remains in force. £15,777 awarded.
- CLC Paradise Trading – CLC appealed the original decision, but the Court of Appeal rejected the appeal in full. £12,142 awarded.
Jurisdiction Hearings
Two jurisdiction victories valued at £28,110
M1 Legal secured two jurisdiction wins last week: one against Club La Costa and one against Diamond Resorts. The defence challenged whether the cases should be heard in the Spanish courts. Both challenges were unsuccessful, and both cases will now proceed to the next stage.
