We are pleased to share last week’s Spanish timeshare court victories. M1 Legal secured 8 positive outcomes, with total compensation awarded of £109,567.
1st Court of Instance:
- Club La Costa Paradise Trading - The judge declared the agreement invalid due to its duration. Court costs were also recovered. £22,519 awarded.
- Club La Costa Sucursal - The court ruled the contract invalid because the duration was not properly stated (timeshare contract duration not stated Spain). M1 Legal also requested evidence of the property deed, but the defendant could not provide any Land Registry details, which was a further ground for nullity and may be relevant in other cases. Court costs were also recovered. £17,725 awarded.
There were also 2 positive judgments against Diamond Resorts.
Appeals:
- Anfi - We lost at first instance after Anfi argued the contract had been cancelled for non-payment. On appeal, the court agreed the claim could not be dismissed because there were already grounds for invalidity. Court costs were also recovered. £25,905 awarded.
- Anfi - Anfi again argued the client’s contract was cancelled due to non-payment of maintenance fees. However, as the contract had already been confirmed as null and void, we won the appeal and recovered court costs (Anfi timeshare court win Spain). £10,101 awarded.
- Tasolan SL - (Partially upheld) The award was reduced after evidence of non-payment of maintenance fees was taken into account. The court confirmed the contract nullity on the basis of perpetuity (Spain timeshare contract over 50 years invalid). £17,565 awarded.
- Anfi - Anfi appealed against the double amount paid during the cooling-off period (Spain timeshare cooling off period double deposit), but the appeal court upheld the first-instance ruling. £10,736 awarded.
Jurisdiction Hearings:
2 jurisdiction victories valued at £37,988
M1 Legal secured 2 jurisdiction victories last week, both against Club La Costa, after the defence challenged whether the claims should be heard in the Spanish courts (jurisdiction challenge Spanish timeshare court case). Both cases will now move forward to the next stage.
