We can report this week’s Spanish court successes, with M1 Legal securing eight favourable rulings with a combined value of £132,534. These outcomes include multiple cases where a Spanish timeshare contract was declared null under the relevant legislation.
Below is a summary of the key results involving illegal timeshare contracts in Spain:
First Instance Courts
- CLC World (x2) – Arona, Tenerife, Court of First Instance No. 3. In both matters, the judge declared the agreements null under timeshare law 04/2012 Spain due to missing required information about the accommodation and the contract duration. Amounts awarded: £13,727 and £15,525.
- Silverpoint – Arona, Tenerife, Court of First Instance No. 5. The judge found in M1 Legal’s favour because the contract did not provide the minimum accommodation details required and did not properly state the contract duration, under Law 04/2012. This supported the finding that the Silverpoint timeshare contract was illegal. Amount awarded: £18,620.
Appeals
- Anfi Sales & Anfi Resorts – Las Palmas (Gran Canaria), Court of Appeal No. 3. The appeal court confirmed the First Instance judgment that the timeshare contract was null and void in Spain due to missing accommodation information under timeshare cancellation Spanish law 42/1998. Court costs were also awarded. Amount awarded: £15,989.
- Anfi Resorts – Following an initial First Instance decision in Anfi’s favour (based on alleged cancellation linked to non-payment of maintenance fees), M1 Legal appealed. The appeal succeeded, the earlier decision was overturned, and the contract was declared null and void due to lack of accommodation information. Amount awarded: £25,028.
- Anfi Sales – Las Palmas (Gran Canaria), Court of Appeal No. 5. The court upheld the First Instance ruling that the contract was declared null and void due to missing accommodation information under Law 42/1998. Court costs were also awarded. Amount awarded: £11,694.
- Diamond Resorts – Malaga (Costa del Sol), Court of Appeal No. 4. The court confirmed the First Instance judgment that the contract was declared null and void due to inadequate accommodation information and contract duration issues. This adds to ongoing Diamond Resorts timeshare legal case outcomes in Spain. Amount awarded: £18,829.
- Tasolan – Las Palmas (Gran Canaria), Court of Appeal No. 3. The appeal court confirmed the First Instance ruling that the contract was null and void due to missing accommodation information. Amount awarded: £13,120.
Jurisdiction
2 cases valued at £23,977
In two separate matters against Diamond Resorts, the judge rejected the argument raised on jurisdiction. This resolves the jurisdiction point and confirms the cases can proceed under Spanish law. Both claims will now move to the next stage, supporting the wider route for owners looking to claim back money from Spanish timeshare where the contract is found unlawful.
