Eleven Spanish timeshare court victories worth £154,887, including £44,214 vs CLC Sucursal

We are pleased to share our latest Spanish court results from the past two weeks. M1 Legal secured ELEVEN positive awards with a combined value of £154,887. The largest of these was an award against CLC Sucursal, valued at £44,214.

Below is a breakdown of the substantive results:

First Instance (Court of First Instance):

• Silverpoint - The lawyer handling the case reached a court agreement with Silverpoint. Advisor: Kathy | Account Manager: No name | Lawyer: Jorge. Amount awarded - £31,368.
• Majexo - At the Court of First Instance in Granadilla de Abona, the judge declared the contract null due to a lack of information on the contract duration (Law 42/1998). Advisor: Glyn | Account Manager: John Clark | Lawyer: Lidia. Amount awarded - £14,078.
• Diamond Resorts - At Fuengirola Court of First Instance (Court No. 1), the judge declared the contract null due to missing accommodation information (Law 04/2012). Advisor: Sherri | Account Manager: John Scott | Lawyer: Lidia. Amount awarded - £11,193.

We also received confirmation of a positive judgment against Oasis Club, and Sahara Sunset & Global Marketing.

Appeals:

• CLC Sucursal - At First Instance, M1 Legal was not awarded the price of the previous contracts; this has now been added on appeal. The court also recognises the nature of the real right of a CLC Fractional, the solidarity of CLC Paradise and the CLC branch, and that it is an investment. Amount awarded - £44,214.
• CLC Sucursal - In a separate Sucursal case at the Court of Appeal in Malaga, the First Instance judgment was upheld. The contract was declared null due to a lack of information regarding the accommodation (Law 04/2012). Amount awarded - £14,636.
• Anfi - At the Court of Appeal in Las Palmas, the First Instance judgment was upheld. The contract was declared null due to a lack of information regarding the accommodation. Amount awarded - £10,168.

We also received confirmation of three further positive appeal decisions against Anfi.

Jurisdiction:

Seven cases valued at £173,302

Positive jurisdiction results were:

• Four cases against Diamond Resorts
• One case against CLC Paradise Trading
• One case against Tasolan
• One case against Marriott

In one of the cases against Diamond Resorts and CLC Paradise Trading, the defendants appealed the initial decision allowing the claim to proceed in Spain. This was refused by the judge, and the next step for these cases will be the preliminary hearing.

In the case against Marriott, they requested the discontinuance of the lawsuit pending a preliminary ruling on the question of jurisdiction before the European court. The judge refused this request and confirmed that the lawsuit will continue through the Spanish courts.

In another case against Diamond Resorts and Tasolan, the defendants appealed the decree ordering the embargo of assets and accounts. This was dismissed by the judge.

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

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