We are pleased to share our latest Spanish timeshare court results from the last two weeks. M1 Legal secured EIGHT positive awards with a combined value of £102,831. The largest award in this update was a case against CLC Continental Resorts, valued at £48,047.
Below is a breakdown of the substantive results:
First Instance Court decisions:
- Anfi Sales - At San Bartolomé de Tirajana Court No. 3, the First Instance judge declared the contract null under Law 42/1998 due to a lack of information regarding the accommodation and contract duration. Amount awarded - £25,156.
- CLC Continental Resorts - At Arona Court No. 5, the First Instance judge declared the contract null under Law 04/2012 due to a lack of information regarding the accommodation and contract duration. Amount awarded - £48,047.
- CLC Paradise Trading - At Arona Court No. 5, judgment was also issued in the client’s favour (CLC did not attend the hearing). The First Instance judge declared the contract null under Law 04/2012 due to a lack of information regarding the accommodation and contract duration. Amount awarded - £21,781.
- Marriott - At Marbella Court No. 4, the First Instance judge declared the contract null under Law 42/1998 due to a lack of information regarding the contract duration. Amount awarded - £31,116.
Appeals:
- CLC Sucursal x 2 - At the Court of Appeal in Malaga, it was confirmed that the First Instance judgments remain in force and the contracts are declared null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amounts awarded - £16,576 and £11,769.
- Anfi Sales SL - At the Court of Appeal in Las Palmas, it was confirmed that the First Instance judgment remains in force and the contract is declared null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amount awarded - £19,738.
We also received confirmation of a positive appeal outcome against CLC Continental Resorts.
In all but one of the above cases (Anfi), M1 Legal were also awarded court costs.
Jurisdiction:
Fourteen cases valued at £311,385.
Positive jurisdiction results were:
- Eleven cases against Diamond Resorts.
- Three cases against CLC Paradise Trading.
In eleven cases, the defendant appealed against the initial decision allowing the claim to proceed in Spain. The judge declined the appeal, and the next step for these cases will be a preliminary hearing.
In two cases, the Mercantile Court suspended the claim until the jurisdiction issue raised by the defendants is heard in the European court. M1 Legal appealed this suspension and the decision has now been overturned. The court ordered the claims to proceed in the Mercantile Court in Spain.
Finally, in one First Instance case, the judge ruled that the claim should not be processed in Spain. The client’s legal representative appealed, and the decision was overturned so the claim can proceed under Spanish jurisdiction.
