We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured 13 positive awards with a total value of £176,718.

Below is a summary of the key outcomes.

1st Court of Instance

Infiniti (Ecomar & Leisure Dimensions) – In Court No.2 in Fuengirola, Spain, the Fuengirola court timeshare judgement found the timeshare contract declared null Spain under Spanish timeshare law 42/1998 claims, due to missing information about the accommodation and the contract duration. Amount awarded: £11,394.
Marriott – In Court No.5 in Marbella, Spain, the Marbella court timeshare contract nullity decision declared the contract null and void under Law 42/1998 due to a lack of information regarding the accommodation. Amount awarded: £17,735.
CLC World – In Fuengirola Court No.1, Spain, the CLC World timeshare court ruling declared the contract null under Spanish timeshare law 04/2012 rulings due to missing information about the accommodation and contract period. Amount awarded: £10,146.
CLC World x 4 – In Fuengirola Court No.5, Spain, M1 Legal achieved four further decisions in our clients’ favour on similar grounds. In each case, the judge declared the contract null and void due to missing information regarding the accommodation and contract period. In one case, only the most recent contract was declared null; this will be appealed. Amounts awarded: £14,278, £22,761, £24,288, £13,440.

Appeals

Anfi – The Court of Appeal No.5 in Las Palmas, Gran Canaria confirmed the first-instance decision. This Anfi timeshare appeal decision Spain upheld that the contract is null and void due to missing information regarding the accommodation and contract period under Law 42/1998. Amount awarded: £11,144.
CLC World – The Court of Appeal No.4 in Arona, Tenerife confirmed the first-instance decision, maintaining the contract was null and void for lack of information regarding the accommodation and contract period under Law 04/2012. Amount awarded: £21,716.
CLC World – The Court of Appeal No.4 in Malaga, Spain confirmed the first-instance decision, again upholding contract nullity for lack of information regarding the accommodation and contract period under Law 04/2012. Amount awarded: £11,667.

There were also two further appeals brought by Anfi, and one by Tasolan, which were decided in our clients’ favour. The Court of Appeal confirmed that each original judgement remains in force.

Jurisdiction

Six cases valued at £84,295

This week, all six decisions were in our clients’ favour in cases involving Diamond Resorts, who argued the matters should not be heard under Spanish jurisdiction. The court ruled that the cases can proceed in Spain, consistent with a Diamond Resorts Spanish jurisdiction ruling.

In one case, Diamond Resorts requested that jurisdiction be considered under EU regulations and referred to the EU court because the clients live in the UK. The judge rejected this approach, noting that the UK is no longer part of the EU and therefore the claim must be heard under Spanish jurisdiction.

All six cases will now move to the next stage.