We are pleased to share last week’s Spanish timeshare court victories. M1 Legal secured 7 positive results, with a total of £130,515 awarded.
First Instance Court decisions
- Club la Costa Sucursal – The contract was declared null due to missing information on the contract term, contrary to Spanish Law 04/2012. We also recovered legal costs. £12,814 awarded.
- Club la Costa Sucursal – Contract nullity was confirmed because the contract term was not properly stated under Spanish Law 04/2012. Court costs were awarded in our favour. £13,797 awarded.
- Club la Costa Sucursal – The contract was declared null due to insufficient information about the accommodation, as required under Spanish Law 04/2012. £12,486 awarded.
Appeal court results
- Onagrup – We secured a full appeal win against Clubotel La Dorada by lifting the veil on the Onagrup contracts. Our team focused on demonstrating the company connection, and the Madrid Court of Appeal upheld the position, referencing Supreme tribunal doctrine. This is a significant ruling that can support other similar cases. £18,560 awarded.
- Anfi – The appeal succeeded on the basis of absolute nullity: there is no legal requirement for a contract to be active in order to seek its nullity. We also won legal costs. £48,615 awarded.
- Marriott – The Palma Provincial Court declared the MVCI Son Antem contract null and void. The first instance judge found a breach regarding the contract period, but not on the accommodation point. MVCI sought to overturn the decision; M1 Legal then appealed on the grounds of missing accommodation information. The appeal was upheld in our favour and MVCI was ordered to pay costs. This judgment will be helpful for similar cases, including those progressed in Mallorca. £14,980 awarded.
- Anfi – The Court of Appeal confirmed our first instance win and ordered Anfi to pay costs. The contract was declared null due to a lack of accommodation information. £9,261 awarded.
Jurisdiction hearings
4 jurisdiction victories valued at £67,612
M1 Legal secured 4 jurisdiction victories last week, all involving Club La Costa. The defence challenged whether the matters should be heard in the Spanish courts; these challenges were rejected, and all cases will now proceed to the next stage.
