3 positive Marriott timeshare court wins in Spain, £61,909 awarded and contracts declared null

Infinity pool overlooking the sea with palm trees, sun loungers and white parasols on a beachfront lawn at a resort in Spain

We are pleased to share this week’s Spanish court victories. M1 Legal secured six positive awards with a combined value of £103,976.

Below is a summary of the substantive results.

First Instance Court results

  • Marriott (x3) – Marbella Court of First Instance Nos. 6 and 8. In all three cases, the judge declared the timeshare contracts null under Law 42/1998 due to missing information about the contract duration. Amounts awarded: £12,064, £34,364 and £15,481.

Appeals

  • CLC Continental – Court of Appeal No. 4, Jaén. The first-instance judgment was upheld, confirming the contract was null for failing to state the contract duration. We also recovered court costs. Amount awarded: £23,283.
  • Anfi – Las Palmas Court No. 3. The appeal court upheld the first-instance judgment, again confirming the contract was null due to lack of information about contract duration. Amount awarded: £11,723.

Jurisdiction decisions (Spain)

Seven positive jurisdiction results valued at £156,590

This week we also received notification of seven positive jurisdiction decisions: three against CLC Paradise Trading, one against CLC Continental Resorts, one against CLC UK PLC, and two against Diamond Resorts. In all seven cases, the defence argued the claims should not be heard in Spain; however, the judge ruled that the cases can be heard there and will now proceed to the next stage.

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