Courts re-open with £161,113 in Spanish timeshare court victories in one week

After our first week back in the Spanish courts following the August holidays, we’re pleased to share this week’s timeshare court victories. M1 Legal secured eight positive judgements with a combined value of £161,113.

Below is a summary of the key results.

First Instance Court judgements

• CLC World (Continental) – Arona, Tenerife (Court No. 3). The judge declared the timeshare contract null under Law 04/2012 due to missing information about the accommodation and contract duration. Amount awarded: £10,164.
• Silverpoint – Arona, Tenerife (Court No. 5). The judge declared the contract null under Law 04/2012 due to missing information about the accommodation and contract duration. Amount awarded: £26,356.
• CLC World (Paradise Trading) – Arona, Tenerife (Court No. 4). The judge declared the contract null under Law 04/2012 due to missing information about the accommodation and contract duration. Amount awarded: £10,292.
• Silverpoint – Arona, Tenerife (Court No. 3). The judge declared the contract null under Law 04/2012 due to missing information about the accommodation and contract duration. In this case, there is a discrepancy with the amount, so the lawyer is requesting a correction. In addition, another lawyer is submitting the judgement to the administrator as part of the liquidation process. Amount awarded: £18,260.
• Onagrup (Clubhotel La Dorada & Perblau) – Barcelona, Spain (Court No. 30). The judge declared the contract null under Law 04/2012 due to missing information about the accommodation and contract duration. Amount awarded: £45,056.

We also achieved a strong result against Las Vistas Marketing (La Pinta), where the court “lifted the veil” (establishing a connection) to its managers. This links one of them to the operation of 1492 La Pinta suites, and we can now submit this evidence in relevant La Pinta cases.

Appeals

• Anfi – Court of Appeal No. 3, Las Palmas, Gran Canaria. The appeal court confirmed the First Instance judgement: the timeshare contract remains null and void due to lack of information about the accommodation (Law 04/2012). Amount awarded: £13,890.
• CLC World (Sucursal) x 2 – Court of Appeal No. 4, Malaga. The appeal court confirmed both First Instance judgements: each contract remains null and void due to lack of information about the accommodation (Law 04/2012). Amounts awarded: £27,155 and £9,938.

Jurisdiction decisions

5 cases valued at £64,719

In this week’s jurisdiction decisions, there were three cases against Diamond Resorts and two against CLC World (both Paradise Trading). In all five cases, the resorts argued that the claims should not be heard in Spain; however, the judge ruled that the Spanish courts have jurisdiction. All five cases will now move to the next stage.

Well done to everyone involved in these cases.