Four Spanish court victories totalling £82,598, including £29,187 against CLC Continental Resorts

We are pleased to share this week’s Spanish court victories. M1 Legal secured FOUR positive awards with a combined value of £82,598. The highest award this week was in a case against CLC Continental Resorts, valued at £29,187.

Below is a breakdown of the substantive outcomes:

First Instance Court

• CLC Paradise Trading – Arona, Court No. 3: the judge declared the contract null under Law 04/2012 due to a lack of information regarding the accommodation and the contract duration. Amount awarded – £14,350.
• CLC Continental – Arona, Court No. 3: the judge declared the contract null under Law 04/2012 due to a lack of information regarding the contract duration. Amount awarded – £20,376.

Appeals

• CLC Continental Resorts – Tenerife Court of Appeal: the first instance judgment was upheld, confirming the contract was null due to a lack of information regarding the accommodation and contract duration under Law 04/2012. Amount awarded – £29,187.

• CLC Sucursal – Malaga Court of Appeal: the first instance judgment was upheld, confirming the contract was null due to a lack of information regarding the accommodation and contract duration. Amount awarded – £18,683.

In all first instance cases and appeals this week, we were awarded court costs.

Jurisdiction

Nine cases valued at £242,714

This week’s positive jurisdiction results were:

• Three against Diamond Resorts
• Three against CLC Continental
• Three against CLC Paradise Trading

In eight of the above cases, the Mercantile Court suspended the claims until the jurisdiction objection raised by the defendants was considered by the European court. We appealed this decision, which has now been overturned, and the court has ordered all eight claims to proceed in the Mercantile Court in Spain.

In the remaining case against Diamond Resorts, the judge rejected the jurisdiction challenge raised by the defendants and declared the Spanish courts competent to process the claim.

Well done to everyone involved in these cases.