We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured TEN successful awards with a combined value of £196,155.
Below is a breakdown of the substantive results.
First Instance Courts:
- Diamond Resorts – Fuengirola, Court of First Instance No. 3: the judge declared the contract null under Law 42/1998 due to a lack of required information about the accommodation and the contract duration. We also recovered legal costs. Amount awarded: £25,509.
- CLC World (UK) PLC E.P. – Fuengirola, Court of First Instance No. 3: the judge declared the contract null under Law 04/2012 due to a lack of required information about the accommodation and the contract duration. Amount awarded: £10,768.
- Marriott – Marbella, Court of First Instance No. 5: the judge declared the contract null under Law 42/1998 due to a lack of required information about the accommodation and the contract duration. Amount awarded: £12,250.
- Marriott – Marbella, Court of First Instance No. 8: the judge declared the contract null under Law 42/1998 due to a lack of required information about the accommodation and the contract duration. Amount awarded: £12,315.
Appeals:
- CLC World (Sucursal) – Málaga Court of Appeal No. 5: the first-instance judgment (which declared the contract null for lack of information on the accommodation and contract duration) was amended on appeal. The previous contracts, which had been excluded at first instance, are now included following Adrian’s appeal. We also recovered legal costs. Amount awarded: £15,620.
- Diamond Resorts – Málaga Court of Appeal No. 5: the court confirmed that the first-instance judgment stands, with the contract declared null due to a lack of information about the accommodation and the contract period. We also recovered legal costs. Amount awarded: £49,729.
- Diamond Resorts – Supreme Court: Diamond challenged the validity of the judgments, arguing that English law should have applied to the contracts. The court dismissed the claim as the requirements to bring the Casación appeal (appeal for annulment) were not met, and ordered Diamond to pay the legal costs. Amount awarded: £39,409.
- Diamond Resorts – Málaga Court of Appeal No. 4: the court confirmed that the first-instance judgment stands, with the contract declared null due to a lack of information about the accommodation and the contract period. We also recovered legal costs. Amount awarded: £16,005.
Another strong week of positive results.
