Marriott ordered to pay £133,607 as Spanish court declares contract null plus six wins

We are pleased to share this week’s Spanish court results. M1 Legal secured seven positive outcomes with a combined value of £200,518, including one standout judgment for £133,607 against MVCI (Marriott).

Below is a clear breakdown of the substantive decisions:

First Instance Courts (Juzgado de Primera Instancia)

• Explotación Hotelera (Royal Park Albatros) x 2 – Granadilla de Abona, Tenerife, Court No. 2. In both cases, the judge declared the timeshare contract null under Law 42/1998 due to missing required information (the accommodation and the contract duration). Amounts awarded – £11,099 and £11,895.
• CLC World Sucursal – Fuengirola, Court No. 1. The judge declared the contract null under Law 04/2012 due to lack of required information (the accommodation and the contract duration). Amount awarded – £17,078.
• Marriott (MVCI) – Marbella, Court No. 8. Our largest single award. The judge declared the contract null under Law 42/1998 due to missing required information (the accommodation and the contract duration). Amount awarded – £133,607.

We also received news of positive judgments against Lagos de Fañabe and Sand & Sea.

Appeals (Court of Appeal)

• CLC World (Sucursal) – Malaga Court of Appeal No. 4. The Court of Appeal confirmed the first instance judgment declaring the contract null for lack of information (accommodation and contract duration). We also won court costs. Amount awarded – £11,992.
• Silverpoint – Arona Court No. 3. The matter continued to pursue contractual nullity, with the credit recognised in the insolvency proceedings, resulting in a slightly higher award than expected. Amount awarded – £12,234.

Jurisdiction

One case valued at £46,026

We achieved a strong procedural result against CLC Paradise Trading. In Malaga Court of Appeal No. 6, it was heard that the judge in the Mercantile Court had previously suspended the claim while a jurisdiction argument raised by CLC (Continental) was reviewed in the EU Court of Appeal. Following our appeal, that request has now been declined, meaning the case can proceed to the next stage in the Spanish Mercantile Court.