We are pleased to share this week’s Spanish court victories. M1 Legal secured twelve positive awards with a combined value of £182,813. The highest award was confirmed in a case against CLC Paradise Trading, totalling £45,949.
Below is a breakdown of the substantive outcomes, including where the Spanish timeshare contracts were declared null:
Courts of First Instance
- CLC Sucursal x 2 – In Fuengirola (Courts 4 and 5), the judge declared the contracts null under law 04/2012. One case succeeded due to missing accommodation information, and the other due to the contract duration. Amounts awarded: £9,938 and £39,572.
- CLC Paradise Trading – In Arona (Court 1), the judge declared the contract null under law 42/1998 due to lack of accommodation information. Amount awarded: £45,949.
We also received confirmation of positive judgments against Gestiland 2000 (Club Marino Tenerife), CLC Continental Resorts and Diamond Resorts.
Appeals
- CLC Sucursal x 2 – In the Court of Appeal in Malaga, the court confirmed that the first-instance judgments stand in both cases. The contracts had been declared null due to missing information on the accommodation and the contract duration (law 04/2012). Amounts awarded: £15,807 and £20,861.
- CLC Paradise Trading – In the Tenerife Court of Appeal, the court confirmed that the first-instance judgment stands. The contract had been declared null due to missing information on the accommodation and the contract duration (law 04/2012). Amount awarded: £15,975.
We also received confirmation of further successful appeals against CLC Sucursal, along with another positive appeal against MacDonald Resorts.
In ten of the twelve cases this week, court costs were also awarded.