We are pleased to share this week’s Spanish court wins. M1 Legal secured a strong outcome against CLC Sucursal and the property owner Reymonte Title 2 SL. In addition, the Court of Appeal confirmed the highest award in a case against Marriott Vacation Club, totalling £28,203.
Results summary:
- CLC Sucursal – At the Malaga Court of Appeal, the first-instance judgment was upheld. The contract was declared null because it lacked key information about the accommodation and the contract duration under Law 04/2012. Amount awarded: £9,336.
- Marriott Vacation Club – The Malaga Court of Appeal declared the contract null for failing to include information on the accommodation and the contract duration (Law 04/2012). M1 Legal initially lost at first instance, but that decision was overturned on appeal. Amount awarded: £28,203.
- CLC Sucursal & Reymonte Title 2 SL – In this claim, the client’s lawyer asked the court to sue CLC Sucursal and also add Reymonte (the property owner) in an attempt to “lift the veil”. The case was initially lost because the judge found there was insufficient evidence.
However, at the Malaga Court of Appeal, the judge overturned the earlier decision and accepted that the informative document was sufficient evidence, stating that both entities work closely together and profit at the consumer’s expense.
This appeal ruling confirms the finding against Reymonte, which is positive news and may act as a precedent for other claims involving the CLC Monterey resort, as well as cases where M1 Legal is able to pursue property-owner companies. Amount awarded: £16,940.
Jurisdiction:
This week, we also heard an appeal case against Diamond Resorts. At first instance, it was decided that the Spanish courts did not have jurisdiction to hear the claim. The Court of Appeal revoked that decision and confirmed the case can be heard in Spain. The next step will be the preliminary hearing.
