More wins for M1 Legal as Spanish timeshare courts close for August, £93,469 awarded

With the Spanish courts about to close for August and this being the final week of hearings until September, we’re pleased to share this week’s latest court victories. M1 Legal secured six positive awards with a total value of £93,469.

Below is a summary of the main outcomes:

First Instance Court

• CLC World (Sucursal) – At Fuengirola Court No. 5, the judge upheld another claim and confirmed it was appropriate to return the sums paid under the previous contract, even though the clients did not attend the hearing. This was because the contract referred to an “Assignment” rather than a “Waiver” of rights. The contracts were found to have grounds for nullity (Law 04/2012) due to missing information about the accommodation and the contract term. Amount awarded: £20,008.

We also received positive judgments against perblau (Onagrup) and Diamond Resorts.

Appeals

• CLC Paradise Trading – In the Court of Appeal No. 3 in Tenerife, the court confirmed the First Instance judgment. The contract remains declared null and void due to a lack of information on the contract duration. Amount awarded: £43,609.
• Anfi Sales, Anfi Tauro & Anfi Resorts – In the Court of Appeal No. 3 in Gran Canaria, the court confirmed the First Instance judgment. The contract remains declared null and void due to a lack of information about the accommodation (Law 04/2012). Amount awarded: £17,591.

Jurisdiction

4 cases valued at £54,507

In this week’s jurisdiction hearings, there were three cases against Diamond Resorts and one against CLC World (Sucursal). In all four matters, the resorts argued that the claims should not be heard in Spain. The judge ruled that the Spanish courts do have jurisdiction, and each case will now move on to the next stage.