M1 Legal are pleased to share their latest Spanish court victories from the past two weeks. The Malaga-based firm secured TWELVE positive awards totalling £286,599 (an average of £23,883). The largest award in this set of results was confirmed against Restotel and Medhotel, totalling £79,233.
Below is a breakdown of the substantive Spanish timeshare court awards:
- Silverpoint - Arona, Court No. 3: the judge declared the contract null under Law 42/1998 due to lack of information about the accommodation and the contract duration. Amount awarded - £45,078.
- Diamond Resorts - Fuengirola, Court No. 3: the judge declared the contract null under Law 04/2012 due to lack of information about the contract duration. Amount awarded - £11,932.
- Restotel and Medhotel - Denia, Court No. 3: judgement in default (the defendant did not attend). The judge declared the contract null under Law 04/2012 due to lack of information regarding the accommodation and contract duration. Amount awarded - £79,233.
- Restotel and Medhotel - Denia, Court No. 3: the judge declared the contract null under Law 42/1998 due to lack of information regarding the accommodation and contract duration. Amount awarded - £43,737.
- Anfi Sales and Anfi Resorts - San Bartolomé de Tirajana, Court No. 3: the judge declared the contract null under Law 04/2012 due to lack of information regarding the accommodation and contract duration. Amount awarded - £12,852.
- CLC Continental Resorts - Arona, Court No. 3: the judge declared the contract null under Law 04/2012 due to lack of information regarding the accommodation and contract duration. Amount awarded - £25,591.
M1 Legal also received confirmation of a positive judgement against Heritage Resorts.
Appeals:
- CLC Sucursal x 2 - Courts of Appeal in Tenerife and Malaga: confirmation that the first instance judgements stand, with the contracts declared null due to lack of information regarding the accommodation and contract duration (Law 04/2012). Amounts awarded - £13,789, £15,807.
- Perblau 2000 (Onagrup) - Barcelona Court of Appeal: confirmation that the client’s contract was declared null due to lack of information regarding accommodation and contract duration. The first instance decision (which was initially lost) has been overturned. Amount awarded - £15,981.
- Anfi - Las Palmas Court of Appeal: confirmation that the client’s contract was declared null due to lack of information regarding accommodation and contract duration. The first instance decision (which was initially lost) has been overturned. Amount awarded - £12,704.
M1 Legal also received confirmation of a positive appeal against Explotación Hotelera.
In all but one case, court costs were also awarded.
Jurisdiction:Five cases valued at £76,809.
In the latest positive jurisdiction outcomes, there were five cases against Diamond Resorts.
In one case, the Mercantile Court suspended the claim while the jurisdiction objection raised by the defendants was referred to the European court. M1 appealed that suspension and the decision has now been overturned. The court has ordered the claim to proceed in the Mercantile court in Spain.
In the remaining four cases, Diamond appealed the initial decision allowing the claim to proceed in Spain. Those appeals were declined by the judge, and the next step in these cases will be a preliminary hearing.
