We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured SIX positive awards totalling £122,105 (an average of £20,350 per claim). The highest award was a CLC Sucursal contract nullity award of £39,077.
Below is a breakdown of the substantive results:
First Instance Courts
- CLC Sucursal x 2 – Arona, Court No. 1: in both cases the judge declared the contracts null under Law 04/2012 due to a lack of information about the accommodation and the contract duration. Amounts awarded: £39,077 and £19,238.
- Club Hotel La Dorada (Onagrup) – Palma de Mallorca, Court No. 8: the judge declared the contract null under Law 42/1998 due to a lack of information about the accommodation and the contract duration. Amount awarded: £20,573.
Appeals (Court of Appeal rulings)
- CLC Sucursal x 2 – Malaga Court of Appeal No. 4: the court upheld the first instance judgments in both cases, confirming the contracts were null for lack of information (accommodation and contract duration). Amounts awarded: £14,709 and £12,585.
- CLC Sucursal – Malaga Court of Appeal No. 5: the court upheld the first instance judgment, confirming the contract was null due to a lack of information regarding the accommodation and contract period (Law 42/1998). Amount awarded: £15,921.
Jurisdiction
Three cases valued at £46,328
This week’s positive jurisdiction decisions were against Diamond Resorts and CLC Sucursal. In all three cases, the court rejected the timeshare company’s appeal aimed at preventing proceedings in Spain.
All three cases will now proceed to the next step.
