We are pleased to share this week’s Spanish court victories. M1 Legal secured TEN positive awards, with a total value of £217,658.
Below is a clear breakdown of the substantive results.
First Instance Courts
- CLC Paradise Trading – Arona, Court of First Instance No. 1: the judge declared the contract null under Law 04/2012 due to a lack of information about the accommodation. Amount awarded: £14,709.
- CLC Sucursal – Fuengirola, Court of First Instance No. 1: the judge declared the contract null under Law 04/2012 for lack of information about the accommodation and agreement duration, and for the prohibited use of the word “property” in the contract. Amount awarded: £23,653.
- Marriott – Marbella, Court of First Instance No. 8: we won in full against MVCI Holidays and MVCI Management in relation to a contract for Marbella Beach. This is a strong judgment that can support other cases. The judge did not admit interrogatories, leaving the matter open for judgment, and dismissed Marriott’s request for a preliminary ruling to the EU court. Nullity was confirmed due to lack of information about the accommodation, and because the General Conditions were not valid as they had been drawn up independently. Amount awarded: £26,640.
- CLC Paradise Trading – Arona, Court of First Instance No. 3: the judgment declared the contract null under Law 42/1998 on the basis of the contract period. Amount awarded: £21,610.
Appeals
- CLC Sucursal (x2) – Málaga Court of Appeal No. 4 (Costa del Sol): in both cases, the Court of Appeal confirmed the first instance judgments declaring the contracts null due to lack of information (accommodation and contract duration). Amounts awarded: £25,016 and £15,022.
- CLC Continental (x2) – Málaga Court of Appeal No. 4 (Costa del Sol): in both cases, the Court of Appeal confirmed the first instance judgments declaring the contracts null due to lack of information (accommodation and contract duration). Amounts awarded: £16,098 and £25,029.
- CLC UK PLC – Málaga Court of Appeal No. 4: the Court of Appeal confirmed the first instance judgment declaring the contract null due to lack of information (accommodation and contract duration). Amount awarded: £21,545.
- Anfi – Las Palmas Court of Appeal No. 5: the Court of Appeal confirmed the first instance judgment, with the contract declared null due to lack of information about the accommodation and contract period. Amount awarded: £28,333.
We were awarded court costs in all of these cases except Anfi.
Jurisdiction
Three positive results valued at £62,920
In all three cases, the judge at the Mercantile Court had suspended the claims pending the jurisdiction point raised by CLC World to the European court. We appealed that decision and the request has been declined. All three cases will now proceed under Spanish jurisdiction.
Well done to everyone involved in these cases.
