After an initial court decision that the case did not fall under Spanish jurisdiction, M1 Legal appealed the decision which was reversed by the Malaga Court of Appeal. The defence argued that the case should not be heard in Spain claiming that the contract fell under English Law.
However, the appeal judge ruled that the Club la Costa (UK) PLC Sucursal en España is a Spanish entity and the case should be heard in Spain.
This case was re-submitted to the court of the first instance 3 in Fuengirola and has ruled that the Spanish courts are indeed competent to hear the case. This is the fifth case successfully re-submitted with the same contractual name.