We are pleased to share this week’s Spanish court timeshare claim victories. M1 Legal secured seven successful awards with a total value of £118,844.
Below is a summary of the key outcomes.
First Instance Court
- CLC World (Sucursal) – Fuengirola Court No. 1: the CLC World contract was declared null in Spain for failing to meet the requirements of Law 04/2012 timeshare contract Spain, including a lack of information about the accommodation and the contract duration. Amount awarded: £11,007.
Appeals
- Diamond Resorts – Malaga Court of Appeal No. 4: the appeal court confirmed the First Instance judgment, meaning the Diamond Resorts contract is null and void in Spain due to a lack of information regarding the accommodation, under Law 04/2012. Amount awarded: £11,476.
- CLC World (Paradise Trading) – Tenerife Court of Appeal No. 3: the appeal court upheld the First Instance decision confirming Spanish court timeshare contract nullity due to missing accommodation information under Law 04/2012. Amount awarded: £12,222.
- CLC World (Sucursal) x 2 – Malaga Court of Appeal No. 4: the appeal court confirmed both First Instance judgments, with each timeshare contract declared null and void in Spain for lack of accommodation information under Law 04/2012. Amounts awarded: £9,410 and £17,356.
- CLC World (Sucursal) – On appeal, the court accepted our arguments and extended the ruling so that all of our client’s contracts are now declared null and void (rather than only the latest contract, as decided at First Instance). The judge also ordered CLC World to pay legal costs at both stages. Amount awarded: £52,536.
We also received a positive appeal decision in a jurisdiction matter involving RCI Europe and SSB Marketing.
Jurisdiction
4 cases valued at £108,017
In this week’s jurisdiction cases, there were two matters against Marriott, one against Diamond Resorts and one against CLC World (Paradise Trading). In each case, the resorts argued that the claims should not be heard in Spain. The judge rejected those arguments, issuing an RCI Europe jurisdiction ruling in Spain in our favour, and all four cases will now proceed to the next stage.
