Judge orders Club La Costa and Anfi to pay up in Spanish timeshare court victory

We are pleased to share last week’s Spanish timeshare court victories.

M1 Legal secured five positive results, with a combined total awarded of £174,305.

First Instance Court

• CLC Paradise Trading – The judge declared the contract invalid due to its duration and also included the price of the previous contracts. The ruling also noted it was sold as an investment. Court costs were awarded in our favour. £21,716 awarded.

There was also a positive judgment against Diamond Resorts.

Appeals

• Anfi x 2 – The Canarian Magistrates of the Court of Appeal in Las Palmas overturned decisions from a judge who had been rejecting claims because clients had not paid maintenance fees. The Magistrates confirmed that a contract can still be declared null even where it has been consummated and has expired. The judge then ordered Anfi to pay the clients and awarded double the amount paid during the cooling-off period. This is a significant result for Anfi cases, particularly where contracts were considered “extinguished” due to non-payment. With support from Gran Canaria and Malaga courts, we can continue to argue for nullity in future cases, even where incorrect first decisions are made. Total awarded across the two cases: £99,608 awarded.
• Anfi – In the Provincial Court of Las Palmas, Gran Canaria, an appeal filed by Anfi was dismissed. As a result, the first instance judgment remains in force. £15,777 awarded.
• CLC Paradise Trading – CLC appealed the original decision, but the Court of Appeal rejected the appeal in full. £12,142 awarded.

Jurisdiction Hearings

Two jurisdiction victories valued at £28,110

M1 Legal secured two jurisdiction victories last week: one against Club La Costa and one against Diamond Resorts. In both cases, the defence challenged whether the claims should be heard in the Spanish courts. Those challenges were unsuccessful, and both cases will now proceed to the next stage.