Marriott and CLC World lose as Malaga Court of Appeal declares contracts null, £28,203 awarded

We are pleased to share this week’s Spanish court wins. M1 Legal secured a strong result against CLC Sucursal and the property owner Reymonte Title 2 SL. In addition, the highest award was upheld against Marriott Vacation Club, totalling £28,203.

Results summary:

• CLC Sucursal – The Malaga Court of Appeal confirmed that the first-instance judgment stands. The timeshare contract was declared null due to insufficient information about the accommodation and the contract duration (Law 04/2012). Amount awarded: £9,336.

• Marriott Vacation Club – The Malaga Court of Appeal declared the contract null for lack of information on the accommodation and the contract duration (Law 04/2012). Although M1 Legal initially lost at first instance, the appeal overturned that decision. Amount awarded: £28,203.

• CLC Sucursal & Reymonte Title 2 SL – In this claim, the client’s lawyer asked the court to pursue CLC Sucursal and also include Reymonte (the property owner) in an attempt to “lift the veil”. The claim was initially unsuccessful, as the judge considered there was insufficient evidence.

On appeal, the Malaga Court of Appeal revoked the earlier decision and found that the informative document provided sufficient proof, as both entities work closely together and profit at the consumer’s expense.

This appeal ruling confirms the finding against Reymonte, which is positive news and may provide a useful precedent for other cases relating to the CLC Monterey resort, as well as claims where M1 Legal can pursue property owner companies. Amount awarded: £16,940.

Jurisdiction

This week, we also received an update in an appeal involving Diamond Resorts. The first-instance decision had found that the Spanish courts were not competent to hear the case. The Court of Appeal overturned that decision and confirmed the claim can be heard in Spain. The next step will be the preliminary hearing.