7 positive Spanish timeshare court victories in one week, £130,515 awarded

We are pleased to share last week’s Spanish timeshare court victories. M1 Legal secured 7 positive results, with a total amount awarded of £130,515.

1st Court of Instance

• Club la Costa Sucursal – The timeshare contract was declared null due to missing information about the contract term, under Spanish Law 04/2012. We also recovered court costs. £12,814 awarded.
• Club la Costa Sucursal – The timeshare contract was declared null due to missing information about the contract term, under Spanish Law 04/2012. We also recovered court costs. £13,797 awarded.
• Club la Costa Sucursal – The timeshare contract was declared null due to missing information about the accommodation, under Spanish Law 04/2012. £12,486 awarded.

Appeals

• Onagrup – We won the appeal in full against Clubotel La Dorada, lifting the veil on the Onagrup contracts and establishing the company connection. The ruling, upheld by the Madrid Court of Appeal, incorporates the Supreme Tribunal’s doctrine and will support other similar Spanish timeshare cancellation cases. £18,560 awarded.
• Anfi – The appeal confirmed absolute nullity, on the basis that there is no legal rule requiring a contract to be active in order to request its nullity. We also recovered court costs. £48,615 awarded.
• Marriott – The Palma Provincial Court declared the MVCI Son Antem contract null and void. At first instance, the judge found a breach of the permitted term but not the accommodation requirements. MVCI attempted to overturn the decision; M1 Legal appealed on the accommodation point, and the appeal succeeded. MVCI was ordered to pay costs. This judgment will be helpful for similar cases, including matters progressed in Mallorca. £14,980 awarded.
• Anfi – The Court of Appeal confirmed our first-instance win and ordered Anfi to pay costs. The contract was declared null due to lack of accommodation information. £9,261 awarded.

Jurisdiction hearings

4 jurisdiction victories valued at £67,612

M1 Legal secured four jurisdiction victories last week, all against Club La Costa. The defence challenged whether the cases should be heard in the Spanish courts. Each claim will now move forward to the next stage.