We are pleased to share this week’s Spanish timeshare court awards. M1 Legal secured EIGHT positive awards with a combined value of £127,913.
Below is a breakdown of the key outcomes.
1st Court of Instance
- CLC Continental Resorts – Arona Court of First Instance No.1: the judge declared the contract null under the requirements of Law 42/1998 due to a lack of information about the accommodation. Court costs were also awarded. Amount awarded – £26,171.
- Tasolan (Palm Oasis) – San Bartolomé de Tirajana Court of First Instance No.1: the judge declared the contract null under the requirements of Law 42/1998 due to a lack of information about the contract duration. Court costs were also awarded. Amount awarded – £12,326.
We can also confirm a positive judgment against Failte Hoteles and Diamond Resorts.
Appeals
- Anfi x 2 – Court of Appeal No.3, Las Palmas de Gran Canaria: the appeal court upheld the first-instance judgment declaring the contract null due to missing information on both the accommodation and contract duration. Court costs were also awarded. Amounts awarded – £9,807, £14,053.
- Diamond Resorts – Málaga Court No.3: the appeal decision confirmed the first-instance judgment declaring the contract null due to a lack of information about the accommodation and contract duration. Amount awarded – £17,000.
- CLC Sucursal and CLC Continental – Málaga Court No.3: the appeal decision confirmed the first-instance judgment declaring the contract null due to a lack of information about the contract duration. Amount awarded – £34,310.
Jurisdiction
Three positive results valued at £59,889.
This week, we also received notification of three positive outcomes: one against CLC Paradise Trading and two against Diamond Resorts. In one case, the court rejected Diamond’s challenge to our provisional enforcement. In the other two cases, the defence argued the claims should not be heard in Spain; however, the judge ruled that they can be heard and that both matters will proceed to the next stage.
