18 Spanish timeshare court victories in one week, totalling £298,156 awarded

We are pleased to share an update on last week’s Spanish court victories. M1 Legal secured 18 positive results, with a total amount awarded of £298,156.

Details of the awards are set out below.

First Instance Court results

• Club La Costa World x 4 – In these cases, the judge declared the contracts null and void under Law 04/2012 due to insufficient information about the accommodation and the contract duration. Amounts awarded: £13,852, £9,924, £9,885, £18,282.
• Diamond Resorts x 2 – Again, the judge declared the contracts null and void under Law 04/2012 due to insufficient information about the accommodation and the contract duration. Amounts awarded: £13,248, £13,234.
• Marriott Vacation Club – The judge declared the contract null because the duration exceeded the legal limit of 50 years (in perpetuity). The accommodation was also not properly identified. Amount awarded: £10,456.
• Marriott Vacation Club – The judge declared the contract null due to a breach of the duration limit. Amount awarded: £40,197.
• Marriott Vacation Club – In this case, the judge found the accommodation information to be sufficient; however, the contract nullity was confirmed due to the duration breach and a payment made within the cooling-off period. Amount awarded: £56,604.
• Anfi x 2 – The judge declared both contracts null and void: one under Law 42/1998 (minimum requirements on contract duration not disclosed) and the other under Law 04/2012 (minimum accommodation information not disclosed). Amounts awarded: £17,807, £21,134.
• Leisure Dimensions (Infiniti) – The judge declared the contract null and void under Law 42/1998 due to insufficient information regarding the contract duration. Amount awarded: £10,849.

Appeal Court results

• Anfi – The Court of Appeal confirmed the first instance decision, declaring the contract null and void due to insufficient information about the contract duration. Amount awarded: £18,242.
• Club La Costa World – Club La Costa appealed the first instance judgment; however, the Court of Appeal again ruled in our favour, confirming the contract nullity. Amount awarded: £18,379.

Jurisdiction victories (Spain)

We can also confirm three jurisdiction victories this week, with a total value of £70,220, all against Club La Costa World. The company argued that the cases should not be heard in Spain; however, the judge ruled in all three instances that the Spanish courts have jurisdiction. Each case will now proceed to the next stage.