Fifteen Spanish timeshare court victories worth £284,482, including £45,851 against Diamond Resorts

We are pleased to share our latest Spanish court victories from the past two weeks. M1 Legal secured FIFTEEN positive awards with a combined value of £284,482. The highest award in these recent results was confirmed on appeal against Diamond Resorts, valued at £45,851.

Below is a clear breakdown of the substantive outcomes.

First Instance Courts (1st Court of Instance):

• Restotel (Onagrup) - Barcelona Court No. 8: the judge declared the contract null due to a lack of accommodation information under law 42/1998. Amount awarded - £9,677.
• Diamond Resorts - Fuengirola Court No. 3: the judge declared the contract null due to a lack of accommodation information under law 04/2012. Amount awarded - £14,239.
• CLC Paradise Trading x 2 - Arona Court No. 2: the judge declared both contracts null due to a lack of accommodation information under law 04/2012. Amounts awarded - £24,047, £23,089.
• CLC Continental Resorts - Arona Court No. 2: the judge declared the contract null due to a lack of accommodation information under law 04/2012. Amount awarded - £21,451.
• CLC Sucursal - Fuengirola Court No. 4: the judge declared all client contracts null because they were sold as an investment, and due to a lack of accommodation and contract duration information under law 04/2012. Amount awarded - £29,914.
• CLC Sucursal - Arona Court No. 2: the judge declared the contract null due to a lack of accommodation and contract duration information. The court also declared nullity of the accessory (finance) agreement linked to the main contract under law 04/2012. Amount awarded - £12,469.
• CLC Sucursal x 2 - Fuengirola and Arona Courts: the judge declared the contracts null due to a lack of accommodation and contract duration information under law 04/2012. Amounts awarded - £20,552, £15,565.
• CLC Sucursal - Fuengirola Court No. 3: the judge declared the contract null due to a lack of accommodation information under law 42/1998. Amount awarded - £23,752.

We also received confirmation of a further positive judgment against Diamond Resorts.

Appeals:

• Diamond Resorts - Court of Appeal in Malaga: the appeal court confirmed the First Instance judgment, upholding contract nullity due to a lack of accommodation information under law 42/1998. Amount awarded - £45,851.
• CLC Sucursal x 2 - Court of Appeal in Malaga: the appeal court confirmed both First Instance judgments, upholding contract nullity due to a lack of accommodation information under law 04/2012. Amounts awarded - £13,102, £16,147.
• CLC Sucursal - Court of Appeal in Malaga: the appeal court revoked the First Instance decision relating to the accessory (loan) agreements, but confirmed nullity of the main contract due to a lack of accommodation information under law 04/2012. Amount awarded - £12,026.

Jurisdiction:

Six cases valued at £108,137

Our positive jurisdiction decisions were:

• Two cases against Diamond Resorts
• One case against Marriott
• One case against RCI Europe & Mertex
• One case against RCI
• One case against CLC Sucursal

In one of the Diamond Resorts cases, the defendant appealed the initial decision allowing the claim to proceed in Spain. The judge declined that appeal, and the next stage will be the preliminary hearing.

In the cases against Marriott, RCI Europe & Mertex, RCI and Diamond Resorts, the defendants requested the lawsuits be discontinued pending a preliminary ruling on jurisdiction before the European Court. In each of these cases, the judge refused the request and declared that the claims should continue in the Spanish courts.

Finally, in the last appeal involving CLC Sucursal, the First Instance judge ordered the claim to be interrupted and placed on hold until the preliminary ruling at the European Court. M1 Legal appealed, and the Court of Appeal overturned that decision, confirming that the Spanish courts are competent to proceed with the claim.

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