CLC World, Diamond Resorts and Marriott all lose in Spanish timeshare court victories (£196,155)

We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured TEN positive awards, with a combined total of £196,155.

Below is a breakdown of the substantive outcomes:

1st Court of Instance:

• Diamond Resorts – Fuengirola, Court No. 3: the judge declared the timeshare contract null under Law 42/1998 due to a lack of required information about the accommodation and the contract term. We also recovered court costs. Amount awarded – £25,509.
• CLC World (UK) PLC E.P. – Fuengirola, Court No. 3: the judge declared the timeshare contract null under Law 04/2012 for lack of required information about the accommodation and the contract term. Amount awarded – £10,768.
• Marriott – Marbella, Court No. 5: the judge declared the timeshare contract null under Law 42/1998 due to a lack of required information about the accommodation and the contract term. Amount awarded – £12,250.
• Marriott – Marbella, Court No. 8: the judge declared the timeshare contract null under Law 42/1998 due to a lack of required information about the accommodation and the contract term. Amount awarded – £12,315.

Appeals:

• CLC World (Sucursal) – Court of Appeal No. 5, Málaga: the appeal judgment amended the first-instance decision (which had declared the contract null for lack of information on accommodation and duration) after certain previous contracts were excluded. Following Adrian’s appeal, the judgment now includes all previous contracts. We also recovered court costs. Amount awarded – £15,620.
• Diamond Resorts – Court of Appeal No. 5, Málaga: the court confirmed the first-instance judgment, which declared the contract null due to a lack of required information about the accommodation and the contract period. We also recovered court costs. Amount awarded – £49,729.
• Diamond Resorts – Supreme Court: Diamond escalated the matter to challenge the validity of the judgments, arguing that English law should have applied to the contracts. The court dismissed the claim because the requirements to bring the Casación appeal (appeal for annulment) were not met, and ordered Diamond to pay all legal costs. Amount awarded – £39,409.
• Diamond Resorts – Court of Appeal No. 4, Málaga: the court confirmed the first-instance judgment, which declared the contract null due to a lack of required information about the accommodation and the contract period. We also recovered court costs. Amount awarded – £16,005.

Another strong week of positive results.