M1 Legal Spanish Court Victories: 12 Timeshare Court Awards Worth £286,599, Including a £79,233 Restotel Medhotel Timeshare Award

M1 Legal can confirm its latest Spanish timeshare court awards secured over the past two weeks. The Malaga-based law firm achieved TWELVE positive results with a combined value of £286,599 (an average of £23,883 per case). The largest award in this update was a Restotel Medhotel timeshare award totalling £79,233.

Below is a breakdown of the substantive results (First Instance and Appeals):

• Silverpoint  - Arona, Court No. 3: the judge declared the timeshare contract null in Spain under Law 42/1998 timeshare nullity, due to missing information about the accommodation and the contract duration. Amount awarded - £45,078.
• Diamond Resorts  - Fuengirola, Court No. 3: the judge declared the contract null under Law 04/2012 timeshare rulings, due to missing information about contract duration. Amount awarded - £11,932.
• Restotel and Medhotel - Denia, Court No. 3: judgement in default (the defendant did not attend). The judge declared the contract null under Law 04/2012 timeshare rulings due to missing information about the accommodation and contract duration. Amount awarded - £79,233.
• Restotel and Medhotel - Denia, Court No. 3: the judge declared the contract null under Law 42/1998 timeshare nullity due to missing information about the accommodation and contract duration. Amount awarded - £43,737.
• Anfi Sales and Anfi Resorts  - San Bartolomé de Tirajana, Court No. 3: the judge declared the contract null under Law 04/2012 timeshare rulings due to missing information about the accommodation and contract duration. Amount awarded - £12,852.
• CLC Continental Resorts  - Arona, Court No. 3: the judge declared the contract null under Law 04/2012 timeshare rulings due to missing information about the accommodation and contract duration. Amount awarded - £25,591.

M1 Legal also received confirmation of a positive judgement against Heritage Resorts.

Appeals:

• CLC Sucursal x 2 - Tenerife and Malaga Courts of Appeal: the first instance decisions were upheld, confirming the contracts were declared null due to missing information about the accommodation and contract duration under Law 04/2012 timeshare rulings. Amounts Awarded - £13,789, £15,807. 
• Perblau 2000 (Onagrup) - Barcelona Court of Appeal: the appeal confirmed the contract was declared null due to missing information about accommodation and contract duration. The first instance decision (which was initially lost) was overturned.  Amount Awarded - £15,981. 
• Anfi -Las Palmas Court of Appeal: the appeal confirmed the contract was declared null due to missing information about accommodation and contract duration. The first instance decision (which was initially lost) was overturned, meaning the Anfi timeshare appeal was upheld.  Amount Awarded - £12,704.

M1 Legal also received confirmation of a positive appeal against Explotación Hotelera.

In all but one case, court costs were also awarded.

Five cases valued at £76,809.

In the latest positive jurisdiction decisions, there were five cases involving Diamond Resorts.

In one case, the Mercantile Court suspended the claim while the defendants’ jurisdiction objection was referred to the European court. M1 Legal appealed, and that decision has now been overturned. The court ordered the claim to proceed in the Mercantile Court in Spain.

In the remaining four cases, Diamond appealed the initial decision that the claims should proceed in Spain. The judge declined the appeals, and the next step in these cases will be a preliminary hearing.