The largest victory for this week was against Silverpoint, a case heard in Arona Court. A total of £81,411 was awarded in this instance. The nullity of the fractional contract in this case was determined by the lack of information (object and period), under the law 04/2012 requirements. This means that the contract did not specify in sufficient detail what product exactly was purchased and how long it was purchased for.
For the same reasons that the contract was nullified in the Silverpoint case, our legal team also obtained favourable judgements in two Diamond Resorts cases, together these cases come to a value of £15,826 in monies awarded.
We obtained a further three victories against Anfi Sales & Anfi Resorts, these cases were awarded the accumulated value of £39,279.
Two Club la Costa cases were also in the courts this week, contractual names of Continental Resorts and Paradise Trading S.L, together these cases received £33,572 in monies awarded.
Eight of our nine jurisdiction cases for this week were against Club la Costa Sucursal and all heard in Fuengirola Court. Each of these cases were successful as was our case against Diamond Resorts Europe which was also heard in Fuengirola Court. Over half of these cases were won based on the framework resolution of the issues raised regarding the jurisdiction of Spanish courts in this type of contract, subject to law 4/2012.
The judge refers to this set of equal decisions which are called “RESOLUCION MARCO”. This jurisprudence setting is the basis of almost all current decisions for similar contracts, as evidenced by this week’s jurisdiction victories from our legal team.
