Club la Costa, Marriott & Anfi: M1 Legal Spanish court victories worth £51,951

We are pleased to share last week’s successful results in the Spanish courts.

M1 Legal secured 4 Spanish court results, with a total of £51,951 awarded.

First Court of Instance

• Club La Costa Sucursal – The contract was declared null due to a lack of essential information, including the property and when it could be used. £16,944 awarded.
• Marriott Vacation Club International (MVCI) – Heard at Court No. 1 in Marbella, Spain. The court ruled against MVCI Holidays and Management, declaring the contract null because the contract duration could not be determined. Although this was a successful outcome, the judge rejected interest relating to the 14-day cooling-off period, stating it depended on exercising termination; this was stated to be incorrect. The judge also upheld a counterclaim ordering the clients to pay €2,727 and legal costs, which is contested on the basis that payment should not be ordered for a contract declared null and void. The lawyer will appeal both points to seek a higher award and removal of the amount the clients have been ordered to pay. £16,200 awarded.

Appeals

• Anfi – The appeal hearing was held at the Provincial Court of Santa Cruz de Tenerife. Anfi’s appeal was dismissed and the original first-instance judgment was confirmed. Key points included: (1) confirmation of the indeterminacy of the contractual object (the sole ground of appeal), and (2) an order in respect of costs. £24,097 awarded.
• Club La Costa Continental – The Court of Appeal dismissed CLC’s appeal in full, upholding the first-instance judgment and ordering CLC to pay court costs. £11,654 awarded.

11 jurisdiction victories valued at £187,534

M1 Legal also secured 11 jurisdiction victories last week: 9 against CLC and 2 against Diamond Resorts. In each case, the defence challenged whether the claims should be heard in the Spanish courts. Six victories were at the initial jurisdiction hearing, and five were on appeal. All cases will now move forward to the next stage.