Twelve Spanish timeshare court victories worth £166,641, including £70,743 vs Marriott Vacation Club

We are pleased to share our latest Spanish timeshare court victories from the past two weeks. M1 Legal secured twelve positive awards with a combined value of £166,641. The highest award was in a case against Marriott Vacation Club, valued at £70,743.

Below is a breakdown of the substantive results:

First Instance Court decisions

• Marriott Vacation Club – At Marbella Court of First Instance No. 1, the judge declared the contract null under Law 42/1998 due to missing information about the contract duration. Amount awarded: £70,743.
• Anfi Sales & Anfi Resorts – At San Bartolomé de Tirajana Court of First Instance No. 2, the judge declared the contract null under Law 04/2012 due to missing information about the contract duration. Amount awarded: £11,925.

We also received confirmation of a positive judgment against Sunset Beach Marketing and RCI.

Appeals

• Anfi (x2) – At the Court of Appeal in Las Palmas, the court confirmed the First Instance judgments declaring the contracts null due to missing information about the accommodation and contract duration (Law 42/1998 and Law 04/2012). Amounts awarded: £10,980 and £10,154.
• CLC Sucursal – At the Court of Appeal in Malaga, the court confirmed the First Instance judgment declaring the contract null due to missing information about the accommodation and contract duration (Law 04/2012). Amount awarded: £17,359.
• CLC Sucursal – In a separate Sucursal case, the Court of Appeal in Malaga partially overturned the First Instance judgment on nullity of the contract and its accessories (the loan). It upheld the timeshare contract nullity due to missing information about the period, but held that the loan agreement cannot be pursued in Spain. Amount awarded: £11,448.
• CLC Continental Resorts – At the Court of Appeal in Malaga, the court confirmed the First Instance judgment declaring the contract null due to missing information about the accommodation and contract duration (Law 04/2012). Amount awarded: £26,905.
• Marriott Vacation Club – At the Court of Appeal in Malaga, the court confirmed the First Instance judgment declaring the contract null due to missing information about the accommodation and contract duration (Law 04/2012). Amount awarded: £33,180.

We also received confirmation of a further positive appeal against Anfi, and two against CLC Continental Resorts.

In all but one of the above cases (CLC Continental Resorts) we were awarded court costs.

Jurisdiction

Six cases valued at £89,046

Our positive jurisdiction results were:

• Five cases against Diamond Resorts.
• One case against CLC Paradise Trading & RMF Andalusian Management.

In two of the Diamond cases, the defendant appealed the initial decision allowing the claim to proceed in Spain. The judge dismissed the appeal, and the next step in these cases will be the preliminary hearing.

In the case against CLC Paradise Trading & RMF Andalusian Management, the Mercantile Court suspended the claim pending a European court hearing on the jurisdiction issue raised by the defendants. M1 Legal appealed and that suspension has now been overturned, with the court ordering the claim to proceed in the Mercantile Court in Spain.

In one of the cases, Diamond Resorts appealed the decree ordering an embargo on its assets and accounts. This appeal was dismissed.

Finally, in two of the Diamond cases, the judge rejected the jurisdiction challenge raised by the defendant, confirming the Spanish courts are competent to handle the claims.

All cases mentioned above will now proceed to the next step.