More Spanish timeshare contracts declared null and void in court, £94,545 awarded

Swimming pool with sun loungers and palm trees overlooking the sea at a resort patio terrace under a blue sky

We are pleased to share this week’s Spanish court results. M1 Legal secured nine positive awards with a total value of £94,545.

Below is a breakdown of the key outcomes:

First Instance Courts

  • CLC World x 2 – In the Fuengirola Courts of First Instance (Courts No. 1 and 5), Costa del Sol, the judge declared both Spanish timeshare contracts null under Law 04/2012 due to missing information about the accommodation and the contract duration. Amounts awarded: £15,006 and £15,121.
  • Diamond Resorts x 2 – In the Fuengirola Court of First Instance (Court No. 1), Costa del Sol, the judge found in M1 Legal’s favour in both cases because the contracts did not include the minimum accommodation information required by Law 04/2012. Amounts awarded: £10,063 and £11,457.

Appeals

  • Anfi – In Court of Appeal No. 5 in Las Palmas, Gran Canaria, the appeal court upheld the First Instance judgment, confirming the contract was declared null and void due to lack of accommodation information, under Law 42/1998. Amount awarded: £13,356.
  • CLC World – In Court of Appeal No. 4 in Málaga, Costa del Sol, the appeal court upheld the First Instance judgment, confirming the contract was declared null and void due to lack of accommodation information, under Law 04/2012. Amount awarded: £13,617.

Jurisdiction

2 cases valued at £71,796

In a case against CLC Continental Resorts valued at £48,047, the judge rejected CLC’s argument that the matter cannot be processed under Spanish law. The other case was against Diamond Resorts, valued at £23,749, and their argument was again rejected by the judge. Both cases will now proceed to the next stage.

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