Thirteen Spanish timeshare court victories worth £176,718 in just one week

We are pleased to share this week’s update on Spanish timeshare court victories. M1 Legal secured 13 positive awards with a combined value of £176,718.

Below is a breakdown of the substantive results.

First Instance Courts

• Infiniti (Ecomar & Leisure Dimensions) – Court of First Instance No.2 in Fuengirola, Spain. The judge declared the timeshare contract null and void under Law 42/1998, citing a lack of information about the accommodation and the contract duration. Amount awarded: £11,394.
• Marriott – Court of First Instance No.5 in Marbella, Spain. The judge declared the contract null and void under Law 42/1998 due to missing information regarding the accommodation. Amount awarded: £17,735.
• CLC World – Court of First Instance No.1 in Fuengirola, Spain. The judge declared the contract null under Law 04/2012 due to a lack of information regarding the accommodation and the contract period. Amount awarded: £10,146.
• CLC World (4 cases) – Court of First Instance No.5 in Fuengirola, Spain. All four cases were decided in our favour on similar grounds, with the judge declaring the contracts null and void due to a lack of information regarding the accommodation and contract period. In one case, only the most recent contract was declared null; this point will be appealed. Amounts awarded: £14,278, £22,761, £24,288, £13,440.

Appeals

• Anfi – Court of Appeal No.5, Las Palmas, Gran Canaria. The court confirmed the First Instance judgment, where the contract was declared null and void due to a lack of information regarding the accommodation and contract period under Law 42/1998*. Amount awarded: £11,144.
• CLC World – Court of Appeal No.4 in Arona, Tenerife. The court confirmed the First Instance judgment, where the contract was declared null and void due to a lack of information regarding the accommodation and contract period under Law 04/2012. Amount awarded: £21,716.
• CLC World – Court of Appeal No.4 in Málaga, Spain. The court confirmed the First Instance judgment, where the contract was declared null and void due to a lack of information regarding the accommodation and contract period under Law 04/2012. Amount awarded: £11,667.

There were also two further appeals against Anfi, and one against Tasolan, which were decided in our favour. In each case, the Court of Appeal confirmed that the original judgments still stand.

Jurisdiction

Six cases valued at £84,295

This week, six rulings in our favour involved Diamond Resorts, which argued that the cases should not be heard under Spanish jurisdiction. The judge ruled that they can be heard in Spain.

In one case, Diamond Resorts asked for jurisdiction to be considered under EU regulations, with the matter referred to the EU court, on the basis that the clients reside in the UK. The judge rejected this approach, noting that the UK is no longer part of the EU and therefore the case must proceed under Spanish jurisdiction.

All six cases will now move to the next stage.