With the Spanish courts closing for August and this being the final week of hearings until September, we’re pleased to share this week’s court victories. M1 Legal secured six positive awards with a combined value of £93,469.
Below is a summary of the key outcomes.
1st Court of Instance
- CLC World (Sucursal) – Fuengirola Court of First Instance No. 5 upheld another claim, confirming that it was appropriate to refund sums paid under the previous contract. This was the case even though the clients did not attend trial, as the contract referred to an “Assignment” rather than a “Waiver” of rights. The contracts were found to have grounds for nullity under Law 04/2012 due to missing information on the accommodation and the contract term. Amount awarded: £20,008.
We also received positive judgments against perblau (Onagrup) and Diamond Resorts.
Appeals
- CLC Paradise Trading – Tenerife Court of Appeal No. 3 confirmed the first-instance judgment, where the timeshare contract was declared null and void due to a lack of information on contract duration. Amount awarded: £43,609.
- Anfi Sales, Anfi Tauro & Anfi Resorts – Gran Canaria Court of Appeal No. 3 also confirmed the first-instance judgment, where the contract was declared null and void due to missing information about the accommodation under Law 04/2012. Amount awarded: £17,591.
Jurisdiction
4 cases valued at £54,507
In this week’s jurisdiction decisions, there were three cases against Diamond Resorts and one against CLC World (Sucursal). In each case, the resort argued that the matter should not be heard in Spain; however, the judge ruled that the claims can proceed in the Spanish courts. All four cases now move to the next stage.
