Twenty-two Spanish timeshare court victories worth £447,895, including £49,312 vs Silverpoint

We are pleased to share our latest Spanish timeshare court victories from the past few weeks. M1 Legal secured TWENTY TWO positive awards with a combined value of £447,895, averaging £20,358 per case. The highest award in this set of results was a win against Silverpoint, valued at £49,312.

Below is a breakdown of the substantive results:

First Instance Court decisions

• Silverpoint - At Arona Court No. 1, the judge declared the contract null due to missing property information and contract term details under Law 42/1998. Amount awarded - £49,312.
• Explotación Hotelera - Also in Arona, the judge declared the contract null due to missing contract term information under Law 04/2012. Amount awarded - £23,800.
• Marriott x 5 - At Marbella Court No. 4, the judge declared all five contracts null due to missing property information under Laws 42/1998 and 04/2012. Amounts awarded - £17,138, £8,846, £29,441, £33,482, £35,796.
• Regency Limited (Taboo Inversiones) - Tabobo Inversiones is again considered illegitimate and the lawsuit is only against Regency Limited due to “legal doubts”, although it is recognised. Despite it being proven that Tabobo is responsible for maintenance and executes the contract, they have not accepted its legitimacy (Article 1.5, Law 42/1998), which is outrageous. Adrian (the M1 Legal lawyer handling the case) will appeal and will include Marabú S.L., which owns the apartments. Adrian will also request a declaration of Regency Limited's assets in other enforcement proceedings, which is concerning them. We will see in due course what transpires. The contract was declared null under Law 42/1998 due to missing contract term information. Amount awarded - £40,254.
• CLC Paradise Trading x 3 - At Arona Courts No. 1 and No. 4, the judge declared one contract null due to missing contract term information. The other two cases were declared null due to missing property details and contract term information. Amounts awarded - £9,853, £13,904, £14,386.

Appeals

• Diamond Resorts - The Provincial Court in Tenerife reversed the First Instance decision and declared the contract null and void due to missing property information under Law 04/2012, with an express order for costs. Amount awarded - £14,363.
• Diamond Resorts - The Court of Appeal in Malaga confirmed in full the First Instance judgment declaring the contract null due to missing property information under Laws 42/1998 and 04/2012. Amount awarded - £32,670.
• Explotación Hotelera - The Court of Appeal in Malaga confirmed in full the First Instance judgment declaring the contract null due to missing property information under Law 42/1998. Amount awarded - £23,800.
• Anfi - The Court of Appeal in Las Palmas confirmed in full the First Instance judgment declaring the contract null due to missing property information under Law 42/1998. Amount awarded - £12,860.
  
• Fuerteventura - The Court of Appeal in Tenerife confirmed in full the First Instance judgment declaring the contract null due to missing property information under Law 04/2012. Amount awarded - £11,160.
• CLC Sucursal x 3 - At the Court of Appeal in Malaga, the First Instance judgments were confirmed in full, declaring the contracts null and void due to missing property information under Law 04/2012. Amounts awarded - £10,146, £13,661, £20,077.
• CLC Continental Resorts - The Court of Appeal in Tenerife confirmed in full the First Instance judgment declaring the contract null due to missing property and contract term information under Law 04/2012. Amount awarded - £17,794.

We also received a positive decision against Anfi where the case was decided in our favour twice, both at First Instance and in the Court of Appeal, with the contract declared null due to missing property information (Law 42/1998). Anfi then took this case to the Supreme Court in Spain, which has now also ruled in our favour and upheld the earlier judgments.

Jurisdiction

Six cases valued at £82,960

Our positive jurisdiction results were:

• Three cases against CLC World
• Two cases against Diamond Resorts
• One case against Marriott

In one of the CLC World cases (CLC UK PLC), they requested the discontinuance of the lawsuit pending a preliminary ruling on jurisdiction before the European Court. The Court of Appeal declined this request, confirming the lawsuit will continue under Spanish law.

In the Marriott case, the judge rejected the jurisdiction argument raised by Marriott under EU Regulation 1215/2012 and Spanish Law LOPJ art.22, confirming the Spanish courts are competent to process the claim.

In one of the Diamond Resorts cases, the judge rejected the defendant's jurisdiction argument and confirmed the Spanish courts are competent to process the claim. In the other Diamond Resorts case, the judge held that Diamond Resorts Europe (the company that absorbed Sunterra) is liable to be claimed under Spanish jurisdiction.

In two of the CLC World cases (Continental and Paradise Trading), an appeal for reversal was rejected by the judge, bringing the jurisdiction issue to an end.

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

A great achievement for everyone involved in these cases.