We are pleased to share this week’s Spanish court victories. M1 Legal secured nine positive judgements, with awards totalling £135,342.
Below is a breakdown of the key outcomes.
First Instance Courts
- CLC World – Fuengirola Court No.1: the judge declared the timeshare contract null under Law 04/2012 due to missing information about the accommodation and the contract duration. Amount awarded: £27,301.
- CLC World – Fuengirola Court No.5: a further ruling in our favour, with the contract declared null for lack of accommodation information under Law 04/2012. Amount awarded: £13,829.
- Marriott – Marbella Court No.6: a partial victory. Our lawyer will appeal the elements we did not succeed on. Amount awarded: £16,342.
M1 Legal also achieved positive results against Tasolan and in another Marriott matter.
Appeals
- Anfi – Court of Appeal No.5, Las Palmas (Gran Canaria): this case was initially lost at First Instance on the basis that the contract had been cancelled due to non-payment of maintenance fees. We appealed, and the Court of Appeal found in our favour, including court costs. The contract was declared null due to lack of accommodation information, under the requirements of Law 42/1998. Amount awarded: £18,878.
- Anfi – Court of Appeal No.3, Las Palmas (Gran Canaria): the appeal court confirmed the First Instance judgement. The contract was declared null and void due to missing accommodation information under Law 42/1998. Amount awarded: £17,958.
- CLC World (x2) – Court of Appeal No.4, Malaga (Costa del Sol): the court upheld two First Instance judgements, confirming the contracts were null and void due to lack of accommodation information under Law 04/2012. Amounts awarded: £14,269 and £14,587.
Jurisdiction
5 cases valued at £187,127
This week, we also had four cases ruled in our favour against Diamond Resorts on a jurisdiction point. Diamond Resorts argued the cases should not be heard under Spanish jurisdiction; however, the judge ruled that they can be heard in Spain. There was also a Marriott case valued at over £140,000; the judge has put this case on hold until the jurisdiction argument raised by Marriott has been heard.
