Nine positive Spanish timeshare court judgements worth £135,342 for M1 Legal

We are pleased to share this week’s Spanish court victories. M1 Legal secured nine positive awards totalling £135,342.

Below is a clear summary of the key results, including where the timeshare contracts were declared null in Spain.

First Instance Courts

• CLC World – Fuengirola Court No. 1: the judge declared the contract null under Law 04/2012 due to missing information about the accommodation and the contract term. Amount awarded: £27,301.
• CLC World – Fuengirola Court No. 5: the court ruled in our favour, again under Law 04/2012, due to a lack of information about the accommodation. Amount awarded: £13,829.
• Marriott – Marbella Court No. 6: a partial victory. Our lawyer will appeal the parts of the decision that went against us. Amount awarded: £16,342.

M1 Legal also achieved positive results against Tasolan and in a further Marriott case.

Appeals

• Anfi – Court of Appeal No. 5, Las Palmas (Gran Canaria): this case was initially lost at First Instance on the basis that the contract had previously been cancelled due to non-payment of maintenance fees. M1 Legal appealed, and the appeal succeeded, with court costs awarded. The contract was declared null due to insufficient accommodation information under the requirements of Law 42/1998. Amount awarded: £18,878.
• Anfi – Court of Appeal No. 3, Las Palmas (Gran Canaria): the appeal court confirmed the First Instance judgment that the contract was null and void due to a lack of information about the accommodation, under Law 42/1998. Amount awarded: £17,958.
• CLC World (x2) – Court of Appeal No. 4, Málaga (Costa del Sol): the court confirmed both First Instance judgments, with the contracts declared null and void under Law 04/2012 due to missing accommodation information. Amounts awarded: £14,269 and £14,587.

Jurisdiction

5 cases valued at £187,127

This week, we also had four cases ruled in our favour against Diamond Resorts, who argued that the claims should not be heard under Spanish jurisdiction. The judge found that the cases can be heard in Spain. There was also a Marriott case valued at over £140,000; this has been put on hold until the jurisdiction argument raised by Marriott has been heard.