CLC World contract declared null and void in Fuengirola as Anfi appeal is confirmed in Las Palmas

We are pleased to share this week’s Spanish court results. M1 Legal secured four positive awards with a combined value of £48,430.

We also had one substantive hearing this week:

1st Court of Instance (Fuengirola)

• CLC World – In Court No.1 in Fuengirola, the judge declared the CLC World contract null and void under Law 04/2012 due to a lack of information about the accommodation and the contract duration. Amount awarded: £15,080.

There was also another award against CLC World. However, for reasons that are unclear, the judge only declared the most recent contract null and void. This case will be appealed to set out the grounds for the earlier contracts to be declared null and void as well.

Appeal (Las Palmas, Gran Canaria)

• Anfi – The Court of Appeal No.3 in Las Palmas, Gran Canaria confirmed that the first-instance judgment still stands. The contract was declared null and void due to a lack of information about the contract period under Law 42/1998*. Amount awarded: £20,782.

There was also a further appeal in a case against Diamond Resorts, which was decided in our favour. The Court of Appeal confirmed that the original judgment still stands.

Jurisdiction (Diamond Resorts)

Six cases valued at £103,384

This week, all six rulings in our favour related to Diamond Resorts cases where the defendant argued the claims should not be heard under Spanish jurisdiction. The judge ruled that the cases can proceed in Spain.

In one case, Diamond Resorts asked for jurisdiction to be considered under EU regulations and referred to the EU court. The judge declined, noting that the UK is no longer part of the EU and, on that basis, the case must be heard under Spanish jurisdiction.

In another similar case, Diamond Resorts again argued the matter should be heard by the EU court, but the judge rejected the request.

All six cases will now move on to the next stage.