We are pleased to confirm this week’s Spanish timeshare court victories. M1 Legal secured EIGHT positive awards, totalling £145,343. The highest individual award this week was against CLC Paradise Trading, for £32,219.
Below is a breakdown of the substantive results:
First Instance Courts
- CLC Paradise Trading x 2 – Arona: the judge declared both contracts null under the requirements of law 04/2012 due to lack of information regarding the accommodation and contract duration. Amounts awarded – £32,219 and £25,713.
- Tabobo Inversions & Regency Vacations – Arona, Court No. 1: the judge declared the contract null under law 42/1998 due to lack of information regarding the accommodation. Amount awarded – £15,211.
- Marriott – Marbella, Court No. 5: the judge declared the contract null under law 42/1998 due to lack of information regarding the accommodation and contract duration. Amount awarded – £18,306.
There were also two further Marriott cases and one against Anfi, each with positive results against the timeshare developers.
Appeals
- Diamond Resorts – Malaga Court of Appeal No. 5: the appeal court confirmed the first-instance judgment declaring the contracts null due to lack of information (accommodation and contract duration). Amount awarded – £14,799.
- Fuerteventura Life (Grand Holidays) – Santa Cruz de Tenerife, Court of Appeal No. 1: the appeal court confirmed the first-instance judgment declaring the contract null due to lack of information (accommodation and contract period). Amount awarded – £10,249.
We can also confirm a positive appeal result against Tasolan.
Jurisdiction
Two cases valued at £33,950
This week, our positive jurisdiction results were against Diamond Resorts and CLC Sucursal. In the Diamond Resorts case, the court rejected Diamond’s request to stop the provisional enforcement we have already started. The CLC matter was an appeal for reversal, which was declined by the judge.
Both cases will now proceed to the next step.
