We are pleased to share this week’s Spanish court wins. M1 Legal secured four positive awards with a combined value of £48,430.
This week, we had one substantive hearing:
Fuengirola – Court of First Instance No.1
- CLC World – In Court No.1 in Fuengirola, the judge declared the CLC World contract null and void under Law 04/2012, due to a lack of information about the accommodation and the contract duration. Amount awarded: £15,080.
There was also another award against CLC World. However, the judge only declared the most recent contract null and void. We will appeal, setting out the grounds for the earlier contracts to be declared null and void as well.
Appeal
- Anfi – The Court of Appeal No.3 in Las Palmas, Gran Canaria confirmed that the first-instance judgment still stands. The contract was declared null and void due to a lack of information about the contract term under Law 42/1998*. Amount awarded: £20,782.
There was also a further appeal in a case against Diamond Resorts, which was decided in our favour. The Court of Appeal confirmed that the earlier judgment still stands.
Jurisdiction
Six cases valued at £103,384
This week, all six Diamond Resorts cases were decided in our favour on jurisdiction. Diamond Resorts argued the claims should not be heard under Spanish jurisdiction; however, the judge ruled that they can be.
In one case, Diamond Resorts asked for jurisdiction to be considered under EU regulations and referred to the EU court. The judge based the decision on the fact that the UK is no longer part of the EU, so the case must be heard under Spanish jurisdiction.
In another similar case, Diamond Resorts again argued the matter should be heard by the EU court, but the judge declined the request.
All six cases will now move on to the next stage.
