We are pleased to inform you of this week’s Spanish court victories.M1 Legal secured FOUR positive awards with a total value of £82,598. Our highest award this week was against CLC Continental Resorts valued at £29,187.
Please see below a breakdown of the substantive results: 1st Court of Instance:
- CLC Paradise Trading – In Arona, court number three, the judge declared the contract null under law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £14,350.
- CLC Continental – In Arona, court number three, the judge declared the contract null under the law 04/2012 for lack of information regarding the contract duration. Amount awarded – £20,376.
Appeals:
- CLC Continental Resorts – In Tenerife Court of Appeal, it was confirmed that the judgement from the first instance still stands which declared the contract null due to lack of information regarding the accommodation and contract duration under the law 04/2012.Amount awarded – £29,187.
- CLC Sucursal – In Malaga Court of Appeal, it was confirmed that the judgement still stands from the first instance which declared the contract null due to lack of information regarding the accommodation and contract duration. Amount Awarded – £18,683.
In all first instance and appeals this week, we were awarded court costs.
Jurisdiction:
Nine cases valued at £242,714
This week, our jurisdiction positive results were:
- Three against Diamond Resorts
- Three against CLC Continental
- Three against CLC Paradise Trading
In eight of the above cases, the Mercantile Court suspended the claim until the jurisdiction object raised by the defendants was heard in the European court. Subsequently, we appealed this decision which has now been overturned and the court ordered all eight claims to proceed at the Mercantile court in Spain.
In the remaining case against Diamond Resorts, the judge declined the jurisdiction issue raised by the defendants and declared the Spanish courts competent to process the claim.
Well done to all involved in these cases.
