We are pleased to share the latest Spanish timeshare court victories from the past two weeks. M1 Legal secured twelve positive awards with a combined value of £166,641. The largest of these outcomes was confirmed against Marriott Vacation Club, valued at £70,743.
A summary of the substantive results is set out below:
First Instance (Courts of First Instance)
- Marriott Vacation Club – At Marbella Court No. 1, the judge declared the contract null under Law 42/1998 due to a lack of information regarding the contract duration. Amount awarded: £70,743.
- Anfi Sales & Anfi Resorts – At San Bartolomé de Tirajana Court No. 2, the judge declared the contract null under Law 04/2012 due to a lack of information regarding the contract duration. Amount awarded: £11,925.
We also received confirmation of a positive judgment against Sunset Beach Marketing and RCI.
Appeals (Courts of Appeal)
- Anfi (x2) – At the Court of Appeal in Las Palmas, it was confirmed that the First Instance judgments stand, declaring the contracts null due to a lack of information regarding the accommodation and contract duration (Laws 42/1998 and 04/2012). Amounts awarded: £10,980, £10,154.
- CLC Sucursal – At the Court of Appeal in Malaga, it was confirmed that the First Instance judgment stands, declaring the contract null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amount awarded: £17,359.
- CLC Sucursal – In a separate Sucursal matter, the Court of Appeal in Malaga partially revoked the First Instance decision that had declared the contract and related agreements (the loan) null. The court maintained the nullity of the timeshare contract due to a lack of information (period), but held that the loan agreement cannot be pursued in Spain. Amount awarded: £11,448.
- CLC Continental Resorts – At the Court of Appeal in Malaga, it was confirmed that the First Instance judgment stands, declaring the contract null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amount awarded: £26,905.
- Marriott Vacation Club – At the Court of Appeal in Malaga, it was confirmed that the First Instance judgment stands, declaring the contract null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amount awarded: £33,180.
We also received confirmation of a further positive appeal against Anfi, and two further positive appeals against CLC Continental Resorts.
In all but one of the above cases (CLC Continental Resorts), we were awarded court costs.
Jurisdiction
Six cases valued at £89,046
Our positive jurisdiction results were:
- Five cases against Diamond Resorts.
- One case against CLC Paradise Trading & RMF Andalusian Management.
In two of the Diamond cases, the defendant appealed the initial decision allowing the claim to proceed in Spain. The judge rejected that appeal, and the next step in these cases will be the preliminary hearing.
In the case against CLC Paradise Trading & RMF Andalusian Management, the Mercantile Court suspended the claim while the jurisdiction issue raised by the defendants was referred to the European court. M1 Legal appealed that suspension and it has now been overturned. The court has ordered the claim to proceed in the Mercantile Court in Spain.
In one case, Diamond Resorts appealed the decree ordering an embargo on its assets and accounts. This was dismissed by the judge.
Finally, in two of the Diamond cases, the judge rejected the jurisdiction challenge raised by the defendant, confirming the Spanish courts are competent to hear the claims.
All cases mentioned above will now proceed to the next step.
