Club la Costa, Anfi & Restotel: M1 Legal Spanish court victories worth £122,509

Infinity pool overlooking the sea with palm trees, sun loungers and white parasols on a grassy shoreline at a resort

We are pleased to share last week’s Spanish court victories. M1 Legal secured six positive results, with a total amount awarded of £122,509. The awards are set out below.

First Court of Instance:

  • Club La Costa World – The judge accepted both the previous contracts and the current contract, and confirmed that they were all null. Evidence submitted by Club La Costa (certificates) was also treated as proof of the link between the contracts. The claim was based on missing accommodation information. Amount awarded – £15,295.
  • Club La Costa World – A similar outcome in this case, with the contract declared null due to missing information about the period. Amount awarded – £22,457.
  • Club La Costa World – A further First Instance win, with judgment in our client’s favour due to missing information on contract duration and accommodation, under the requirements of Law 04/2012. Amount awarded – £11,268.
  • Restotel (Medhotel) – The company was judged in default and the outcome was very positive. The judge declared the contract null under the requirements of Law 04/2012, as the contract did not include the minimum accommodation information required. Amount awarded – £26,761.

Appeals:

  • Anfi – The Court of Appeal confirmed our First Instance victory, declaring the contract null and void due to missing information about the contract duration. Amount awarded – £21,440.
  • Club La Costa WorldClub La Costa appealed the First Instance judgment, but the appeal was dismissed and the ruling was upheld in our favour. The contract was declared null due to missing information about the contract duration. Amount awarded – £25,285.

Jurisdiction victories:

We can also confirm two jurisdiction wins this week, with a combined value of £23,732 (one Diamond Resorts case and one Club La Costa World case). In both matters, the resorts argued that the claims should not be heard in Spain; however, the judge ruled that the Spanish courts have jurisdiction. Both cases will now proceed.

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