Eight Spanish timeshare court victories worth £127,913 in compensation awards

We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured EIGHT positive awards with a combined value of £127,913.

Below is a clear breakdown of the main outcomes:

First Instance Courts

• CLC Continental Resorts – At Arona Court No. 1, the judge declared the contract null under the requirements of Law 42/1998 (lack of information regarding the accommodation). We were also awarded legal costs. Amount awarded: £26,171.
• Tasolan (Palm Oasis) – At San Bartolomé de Tirajana Court No. 1, the judge declared the contract null under the requirements of Law 42/1998 (lack of information regarding contract duration). We were also awarded legal costs. Amount awarded: £12,326.

We can also confirm a positive judgment against Failte Hoteles and Diamond Resorts.

Appeals (Judgments Confirmed)

• Anfi (2 cases) – At Court of Appeal No. 3 in Las Palmas de Gran Canaria, the first-instance judgment was confirmed. The contract was declared null due to lack of information regarding the accommodation and contract duration. We were also awarded legal costs. Amounts awarded: £9,807 and £14,053.
• Diamond Resorts – At Málaga Court No. 3, the first-instance judgment was confirmed, declaring the contract null due to lack of information regarding the accommodation and contract duration. Amount awarded: £17,000.
• CLC Sucursal and CLC Continental – At Málaga Court No. 3, the first-instance judgment was confirmed, declaring the contract null due to lack of information regarding contract duration. Amount awarded: £34,310.

Jurisdiction

Three positive results valued at £59,889.

This week we also received notification of three positive results: one against CLC Paradise Trading and two against Diamond Resorts. In one case, the court rejected Diamond’s challenge to our provisional enforcement. In the other two cases, the defence argued that the matters should not be heard in Spain; however, the judge ruled that they can be heard there and will now proceed to the next stage.