This week, M1 Legal secured FOURTEEN positive court awards with a total value of £258,217. The highest single award was against CLC Sucursal, valued at £42,761.
1st Court of Instance:
- CLC Sucursal x 2 – In Fuengirola (Courts of First Instance Nos. 3 and 4), the judge declared both timeshare contracts null under Law 04/2012 due to a lack of information on the accommodation and contract duration. Amounts awarded – £11,178 and £22,749.
- Heritage Resorts – In Marbella (Court of First Instance No. 3), the judge declared the contract null under Law 04/2012 due to a lack of information on the accommodation and contract duration. Amount awarded – £10,410.
- Restotel (Onagrup) – In Inca (Court of First Instance No. 5), the judge declared the contract null under Law 04/2012 due to a lack of information on the accommodation and contract duration. Amount awarded – £24,826.
- Diamond Resorts – In Fuengirola (Court of First Instance No. 1), the judge declared the contract null under Law 04/2012 due to a lack of information on the accommodation and contract duration. Amount awarded – £29,335.
Appeals:
- Anfi x 2 – In the Las Palmas Court of Appeal, it was confirmed that both first-instance judgments stand, declaring the contracts null under Law 04/2012 due to a lack of information regarding the accommodation. Amounts awarded – £14,883 and £12,188.
- CLC Sucursal – In the Málaga Court of Appeal, the defendant’s request was rejected. This confirms that the first-instance judgment stands, declaring the contract null under Law 04/2012 due to a lack of information on the accommodation and contract duration. Amount awarded – £17,144.
- CLC Continental Resorts – In Málaga Court of Appeal No. 4, the appeal changed the legitimately named defendant, so the appeal is now against CLC Continental Resorts. Amount awarded – £12,244.
- CLC Sucursal x 4 – In Málaga Court of Appeal No. 4, it was confirmed in all four cases that the first-instance judgments stand, declaring the contracts null under Law 04/2012 due to a lack of information regarding the accommodation. Amounts awarded – £11,006, £23,061, £20,767 and £42,761.
We also received confirmation of a positive result against Leisure Dimensions Ltd. from the Supreme Civil Court.
Jurisdiction:
Five cases valued at £101,154
This week’s positive jurisdiction decisions were:
- Two against CLC Sucursal
- Two against Diamond Resorts
- One against CLC Paradise Trading
In the CLC Sucursal cases, the judge rejected CLC’s request to pause proceedings pending a preliminary ruling, confirming that both claims are competent to proceed in the Spanish courts.
In the cases against Diamond Resorts, the court rejected Diamond’s opposition to provisional enforcement, meaning both cases have already started to move forward.
In the case against CLC Paradise Trading, the defendant appealed to reverse the initial decision allowing the case to proceed in the Spanish courts. The next step is the preliminary hearing.
