We are pleased to share this week’s Spanish court victories. M1 Legal secured FOUR positive awards with a combined value of £82,598. The highest award this week was in a case against CLC Continental Resorts, valued at £29,187.
Below is a breakdown of the substantive outcomes:
1st Court of Instance:
- CLC Paradise Trading – Arona, Court No. 3. The judge declared the contract null under Law 04/2012 due to insufficient information about the accommodation and the contract duration. Amount awarded – £14,350.
- CLC Continental – Arona, Court No. 3. The judge declared the contract null under Law 04/2012 due to insufficient information about the contract duration. Amount awarded – £20,376.
Appeals:
-
CLC Continental Resorts – Tenerife Court of Appeal. The court confirmed the first-instance judgment, which declared the contract null under Law 04/2012 due to insufficient information about the accommodation and the contract duration. Amount awarded – £29,187.
-
CLC Sucursal – Malaga Court of Appeal. The court upheld the first-instance judgment, which declared the contract null due to insufficient information about the accommodation and the contract duration. Amount awarded – £18,683.
In all first-instance and appeal matters this week, we were awarded court costs.
Jurisdiction:
Nine cases valued at £242,714
This week, our positive jurisdiction decisions were:
- Three against Diamond Resorts
- Three against CLC Continental
- Three against CLC Paradise Trading
In eight of the cases above, the Mercantile Court suspended the claims until the jurisdiction objection raised by the defendants was heard in the European court. We appealed that suspension, and the decision has now been overturned. The court has ordered all eight claims to proceed in the Mercantile Court in Spain.
In the remaining case against Diamond Resorts, the judge rejected the jurisdiction challenge and confirmed that the Spanish courts are competent to deal with the claim.
Well done to everyone involved in these cases.
