We are pleased to share this week’s Spanish court results. M1 Legal secured seven positive awards totalling £200,518. The largest single judgment was £133,607.
Below is a breakdown of the main outcomes:
First Instance Courts
- Explotación Hotelera (Royal Park Albatros) x 2 – Granadilla de Abona, Tenerife (Court No. 2). In both cases, the judge declared the timeshare contracts null under Law 42/1998 due to missing required information, including the accommodation and the contract duration. Amounts awarded – £11,099 and £11,895.
- CLC World Sucursal – Fuengirola (Court No. 1). The judge declared the contract null under Law 04/2012 for lack of required information regarding the accommodation and contract duration. Amount awarded – £17,078.
- Marriott (MVCI) – Marbella (Court No. 8). Our biggest single award this week: the judge declared the Marriott timeshare contract null under Law 42/1998 due to missing required information, including the accommodation and contract duration. Amount awarded – £133,607.
We also received news of a positive judgment against Lagos de Fañabe and Sand & Sea.
Appeals
- CLC World (Sucursal) – Málaga Court of Appeal (No. 4). The appeal court confirmed the first instance decision declaring the contract null due to lack of required information (accommodation and contract duration). We also won court costs. Amount awarded – £11,992.
- Silverpoint – Arona (Court No. 3). The procedure continued to obtain contractual nullity, with the credit recognised within the insolvency proceedings, resulting in a slightly higher award than expected. Amount awarded – £12,234.
Jurisdiction
One case valued at £46,026
We also achieved an important procedural outcome against CLC Paradise Trading. In Málaga Court of Appeal (No. 6), it was considered that the Mercantile Court had suspended the claim while a jurisdiction argument raised by CLC (Continental) was reviewed at EU level. Following our appeal, that request has now been declined, meaning the case can proceed to the next stage in the Spanish Mercantile Court.
