Anfi, Tasolan & Club La Costa positive results: M1 Legal Spanish court victories (£109,567)

We are pleased to share last week’s Spanish court victories. M1 Legal secured 8 positive results, with a total amount awarded of £109,567.

First Court of Instance:

• Club La Costa Paradise Trading – The judge dismissed the contract due to its duration. We also recovered the court costs. £22,519 awarded.
• Club La Costa Sucursal – The court declared the contract null due to insufficient information about its duration. M1 Legal also requested the property deed; the defendant was unable to provide registry information, which became a further ground for nullity. This point may be relied on in other cases. We also recovered the court costs. £17,725 awarded.

There were also 2 positive judgments against Diamond Resorts.

Appeals:

• Anfi – We lost at First Instance after Anfi argued the contract had been cancelled due to non-payment. We appealed and won. The judge confirmed the claim could not be dismissed because there were already grounds for nullity. We also recovered the court costs. £25,905 awarded.
• Anfi – Anfi again argued that the client’s contract was cancelled due to non-payment of maintenance fees. However, as the contract had already been confirmed null and void, we won the appeal and the court costs. £10,101 awarded.
• Tasolan SL – (Partially upheld) The amount awarded was reduced after evidence of non-payment of maintenance fees. The court accepted nullity due to perpetuity (over 50 years). £17,565 awarded.
• Anfi – Anfi appealed against the double amount paid during the cooling-off period, but the court upheld the First Instance decision. £10,736 awarded.

Jurisdiction Hearings:

2 jurisdiction victories valued at £37,988

M1 Legal secured 2 jurisdiction victories last week, both against Club La Costa. The defence challenged whether the cases should be heard under Spanish jurisdiction. Both cases will now proceed to the next step.