Eight awards against CLC World totalling £162,682, plus Marriott and Anfi court wins in Spain

We are pleased to share this week’s Spanish court victories. M1 Legal secured TEN positive awards totalling £217,658.

Below is a summary of the key outcomes:

First Instance Courts (Juzgados de Primera Instancia)

• CLC Paradise Trading – Arona, Court No. 1: the judge declared the contract null under Law 04/2012 due to a lack of information about the accommodation. Amount awarded: £14,709.
• CLC Sucursal – Fuengirola, Court No. 1: the judge declared the contract null under Law 04/2012 for lack of information about the accommodation and agreement duration, and for the prohibited use of the word “property” in the contract. Amount awarded: £23,653.
• Marriott – Marbella, Court No. 8: we won in full against MVCI Holidays and MVCI Management regarding a contract for Marbella Beach. This is a strong judgment that can support other cases. The judge made clear she would not admit interrogatories, leaving the matter open for judgment, and she also dismissed Marriott’s request for a preliminary ruling from the EU court. Nullity was confirmed due to a lack of information about the accommodation, and because the General Conditions were found to be invalid as they had been drafted independently. Amount awarded: £26,640.
• CLC Paradise Trading – Arona, Court No. 3: the judgment declared the contract null under Law 42/1998 (contract term). Amount awarded: £21,610.

Appeals (Courts of Appeal)

• CLC Sucursal (x2) – Court of Appeal No. 4, Málaga (Costa del Sol): both first-instance judgments were confirmed. The contracts had been declared null due to lack of information (accommodation and contract duration). Amounts awarded: £25,016 and £15,022.
• CLC Continental (x2) – Court of Appeal No. 4, Málaga (Costa del Sol): both first-instance judgments were confirmed. The contracts had been declared null due to lack of information (accommodation and contract duration). Amounts awarded: £16,098 and £25,029.
• CLC UK PLC – Court of Appeal No. 4, Málaga: the first-instance judgment was confirmed, with the contract declared null due to lack of information (accommodation and contract duration). Amount awarded: £21,545.
• Anfi – Court of Appeal No. 5, Las Palmas: the first-instance judgment was confirmed, and the contract remains declared null due to lack of information regarding the accommodation and contract term. Amount awarded: £28,333.

We were awarded court costs in all of these cases apart from Anfi.

Jurisdiction

Three positive results valued at £62,920

In all three cases, the judge at the Mercantile Court had suspended the claim pending a jurisdiction point raised by CLC World to the European court. We appealed that decision, and the request has been declined. All three cases will now proceed under Spanish jurisdiction.

Well done to everyone involved in these cases.