Club La Costa appeal overruled by Malaga Court of Appeal on Spanish jurisdiction
Following an initial ruling that the claim did not fall within Spanish jurisdiction, M1 Legal appealed and the Malaga Court of Appeal overturned that decision. The defence argued the matter should not be heard in Spain, claiming the contract was governed by English law. However, the appeal judge held that the contractual party — Club La Costa (UK) PLC Sucursal en España — is a Spanish entity, and that the case should therefore proceed in Spain. The claim is now being re-submitted to the court of first instance.
A similar jurisdiction decision was also made against Club La Costa where the contractual party was Continental Resort Services S.L.
These decisions enable us to re-present many cases to the court of first instance which were originally rejected on the grounds of jurisdiction.
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