We are pleased to share our latest Spanish court victories from the past two weeks. M1 Legal secured FIFTEEN positive awards with a combined value of £284,482. The largest award in this update was an appeal decision confirmed against Diamond Resorts, valued at £45,851.
Below is a breakdown of the substantive results, including Spanish timeshare contract nullity awards and appeal confirmations:
1st Court of Instance:
- Restotel (Onagrup) - At Barcelona Court No. 8, the judge declared the contract null due to a lack of accommodation information, under law 42/1998. Amount awarded - £9,677.
- Diamond Resorts - At Fuengirola Court No. 3, the judge declared the contract null due to a lack of accommodation information, under law 04/2012. Amount awarded - £14,239.
- CLC Paradise Trading x 2 - At Arona Court No. 2, the judge declared both contracts null due to a lack of accommodation information, under law 04/2012. Amounts awarded - £24,047, £23,089.
- CLC Continental Resorts - At Arona Court No. 2, the judge declared the contract null due to a lack of accommodation information, under law 04/2012. Amount awarded - £21,451.
- CLC Sucursal - At Fuengirola Court No. 4, the judge declared all client contracts null because it was sold as an investment, as well as due to missing accommodation and contract duration information, under law 04/2012. Amount awarded - £29,914.
- CLC Sucursal - At Arona Court No. 2, the judge declared the contract null due to missing accommodation and contract duration information. The court also declared nullity of the accessory (finance) agreement linked to the main contract, under law 04/2012. Amount awarded - £12,469.
- CLC Sucursal x 2 - At Fuengirola and Arona courts, the judge declared the contracts null due to missing accommodation and contract duration information (law 04/2012). Amounts awarded - £20,552, £15,565.
- CLC Sucursal - At Fuengirola Court No. 3, the judge declared the contract null due to a lack of accommodation information (law 42/1998). Amount awarded - £23,752.
We also received confirmation of a further positive judgment against Diamond Resorts.
Appeals:
- Diamond Resorts - At the Court of Appeal in Malaga, it was confirmed that the First Instance judgment stands. The contract had been declared null due to a lack of accommodation information (law 42/1998). Amount awarded - £45,851.
- CLC Sucursal x 2 - At the Court of Appeal in Malaga, it was confirmed that the First Instance judgments stand in both cases. The contracts had been declared null due to a lack of accommodation information (law 04/2012). Amounts awarded - £13,102, £16,147.
- CLC Sucursal - The Court of Appeal in Malaga revoked the First Instance decision in relation to the accessory contract (loan), but confirmed nullity of the main contract due to a lack of accommodation information (law 04/2012). Amount awarded - £12,026.
Jurisdiction:
Six cases valued at £108,137
Our positive jurisdiction results were:
- Two cases against Diamond Resorts
- One case against Marriott
- One case against RCI Europe & Mertex
- One case against RCI
- One case against CLC Sucursal
In one of the cases against Diamond Resorts, the defendant appealed the initial decision allowing the claim to proceed in Spain. The judge refused that appeal, and the next step will be the preliminary hearing.
In the cases against Marriott, RCI Europe & Mertex, RCI and Diamond Resorts, the defendants requested that the lawsuits be discontinued pending a preliminary ruling on jurisdiction before the European court. In each of these cases, the judge refused the request and confirmed that the claims will continue through the Spanish courts.
Finally, in the most recent jurisdiction appeal against CLC Sucursal, the First Instance judge decided to suspend the claim until the preliminary ruling at the European Court. M1 Legal appealed, and the Court of Appeal overturned that decision, confirming that the Spanish courts are competent to proceed with the claim.
All cases mentioned above will now move to the next stage.
