Eight Spanish timeshare court victories worth £102,831, including £48,047 vs CLC Continental Resorts

We are pleased to share our latest Spanish timeshare court victories over the past two weeks. M1 Legal secured EIGHT positive awards, with a combined value of £102,831. The highest individual award in this set of results was confirmed in a case against CLC Continental Resorts, valued at £48,047.

Below is a breakdown of the substantive results:

First Instance Court judgments

• Anfi Sales – At San Bartolomé de Tirajana Court (Court No. 3), the First Instance judge declared the contract null under Law 42/1998 due to a lack of information regarding the accommodation and contract duration. Amount awarded: £25,156.
• CLC Continental Resorts – At Arona Court (Court No. 5), the First Instance judge declared the contract null under Law 04/2012 due to a lack of information regarding the accommodation and contract duration. Amount awarded: £48,047.
• CLC Paradise Trading – At Arona Court (Court No. 5), judgment was also given in the client’s favour (CLC did not attend the hearing). The First Instance judge declared the contract null under Law 04/2012 due to a lack of information regarding the accommodation and contract duration. Amount awarded: £21,781.
• Marriott – At Marbella Court (Court No. 4), the First Instance judge declared the contract null under Law 42/1998 due to a lack of information regarding contract duration. Amount awarded: £31,116.

Appeals

• CLC Sucursal (x2) – At the Court of Appeal in Malaga, it was confirmed that the First Instance judgments remain in place, with the contracts declared null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amounts awarded: £16,576 and £11,769.
• Anfi Sales SL – At the Court of Appeal in Las Palmas, it was confirmed that the First Instance judgment remains in place, with the contract declared null due to a lack of information regarding the accommodation and contract duration (Law 04/2012). Amount awarded: £19,738.

We also received confirmation of a positive appeal against CLC Continental Resorts.

In all but one of the above cases (Anfi), M1 Legal were also awarded court costs.

Jurisdiction

Fourteen cases valued at £311,385.

Positive jurisdiction outcomes were recorded in:

• Eleven cases against Diamond Resorts.
• Three cases against CLC Paradise Trading.

In eleven cases, the defendant appealed the initial decision allowing the claim to proceed in Spain. These appeals were declined by the judge, and the next step for those cases will be a preliminary hearing.

In two cases, the Mercantile Court suspended the claim until the jurisdiction issue raised by the defendants is heard in the European court. M1 Legal appealed that suspension and the decision has now been overturned. The court has ordered the claims to proceed in the Mercantile Court in Spain.

Finally, in one First Instance case, the judge ruled that the claim would not be accepted for processing in Spain. The solicitor acting for the client appealed, and the decision was overturned so the claim can proceed under Spanish jurisdiction.