Another three court victories on Spanish jurisdiction for timeshare claims on appeal

Overhead view of a resort swimming pool surrounded by palm trees, sun loungers and parasols near the sea in Spain

M1 Legal have reported a further three jurisdiction wins this week, adding to 15 similar cases already this year.

In each matter, the court initially decided the claim did not fall under Spanish jurisdiction. M1 Legal appealed, and the Court of Appeal reversed that decision. The defence in all three cases argued the dispute should not be heard in Spain on the basis that the timeshare contract was governed by English law. That argument was rejected, and the cases have now been re-submitted to the Spanish courts.

The contractual entities named are:

  1. Diamond resorts Europe en España / Sunterra Tenerife Sales / Diamond Resorts Tenerife Sales SL.
  2. Paradise Trading SLU / Club La Costa Resorts & Hotels
  3. Club La Costa UK Sucursal en España.
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