Six Spanish timeshare court victories worth £122,105, including £39,077 against CLC Sucursal

We are pleased to share this week’s Spanish timeshare court victories. M1 Legal secured SIX positive awards with a combined value of £122,105 (an average of £20,350 per claim). The largest award this week was in a CLC Sucursal matter, totalling £39,077.

Below is a breakdown of the substantive outcomes:

First Instance Court (Court of First Instance)

• CLC Sucursal x 2 – Arona, Court No.1: in both cases the judge declared the contracts null under the requirements of Law 04/2012, due to a lack of information about the accommodation and the contract duration. Amounts awarded: £39,077 and £19,238.
• Club Hotel La Dorada (Onagrup) – Palma de Mallorca, Court No.8: the judge declared the contract null under Law 42/1998 due to a lack of information about the accommodation and the contract duration. Amount awarded: £20,573.

Appeals (Courts of Appeal)

• CLC Sucursal x 2 – Málaga Court of Appeal No.4: the court confirmed the first-instance judgments in both cases, upholding that the contracts were null due to insufficient information (accommodation and contract duration). Amounts awarded: £14,709 and £12,585.
• CLC Sucursal – Málaga Court of Appeal No.5: the court confirmed the first-instance judgment declaring the contract null due to a lack of information about the accommodation and contract period (Law 42/1998). Amount awarded: £15,921.

Jurisdiction

Three cases valued at £46,328

This week’s positive jurisdiction decisions were against Diamond Resorts and CLC Sucursal. In all three cases, the court rejected the timeshare company’s appeal seeking to prevent court proceedings in Spain.

All three cases will now proceed to the next step.