We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured 15 favourable judgements with a combined value of £217,654.
Below is a summary of the key results.
First Instance Courts
- CLC World (x3) – At Fuengirola Court of First Instance No. 1, the judge declared all three contracts null under Law 04/2012 due to a lack of required information about the accommodation and the contract term. Amounts awarded: £23,174, £17,659, £16,950.
- Silverpoint – At Arona Court of First Instance No. 3 (Tenerife), Silverpoint accepted the grounds of the claim. Amount awarded: £35,060.
- Silverpoint – At Arona Court of First Instance No. 3 (Tenerife), the judge declared the contract null under Law 04/2012 due to contract duration. Amount awarded: £10,320.
M1 Legal also achieved positive results against Tasolan and Diamond Resorts.
Appeals
- Anfi – At Court of Appeal No. 5, Las Palmas (Gran Canaria), this case had initially been lost at First Instance because the contract was treated as already cancelled for non-payment of maintenance fees. M1 Legal appealed, resulting in a win with costs. The contract was declared null for failing to provide accommodation information as required under Law 04/2012. Amount awarded: £18,054.
- Anfi – Court of Appeal No. 3, Las Palmas (Gran Canaria) confirmed the First Instance judgement declaring the contract null and void due to insufficient accommodation information under Law 42/1998. Amount awarded: £31,810.
- Anfi – Another successful appeal against Anfi. The First Instance claim was dismissed because the judge considered the contract pre-dated Law 42/1998 and could not be pursued; M1 Legal appealed and won. Amount awarded: £9,167.
- CLC World – The Court of Appeal in Málaga (Costa del Sol) confirmed the First Instance judgement that the contract was null and void for failing to provide information on the accommodation and contract term under Law 04/2012. Amount awarded: £12,814.
- CLC World – At Court of Appeal No. 4 (Tenerife), CLC lost the appeal, with the court upholding the contract’s nullity under Law 04/2012 (accommodation information and contract duration). Amount awarded: £14,251.
- Tasolan – At Court of Appeal No. 3, Las Palmas (Gran Canaria), the First Instance judgement remained in force, declaring the contract null due to missing accommodation and contract duration information under Law 04/2012. Amount awarded: £11,352.
In addition, there were two further appeals against Anfi and one against Tasolan decided in our favour, with the Court of Appeal confirming that all three judgements remain in force.
