We are pleased to inform you of last week’s Spanish court victories.
M1 Legal secured 4 results with a total amount awarded £51,951.
1st Court of Instance:
- Club la Costa Sucursal – The nullity of the contract was determined by the lack of information (property and when they could use it). £16,944 Awarded.
- Marriott Vacation Club International (MVCI) – This hearing was held at Court No. 1 Marbella, Spain, condemning MVCI Holidays and Management for nullity due to the inability to determine the contract duration. Although this was a successful case, the interest accrued in the 14 day cooling-off period was rejected due to an error by the judge who stated that it is subject to the exercise of the termination which is completely wrong. She also upheld the counterclaim ordering the clients to pay €2,727 and to pay the costs, which makes no sense whatsoever as you can’t pay for something that the judge herself has declared null and void. The lawyer representing the case will appeal on both issues in an attempt to increase further the amount awarded and removal of the amount the clients are to pay. £16,200 awarded.
Appeals:
- Anfi – The Appeal hearing was held at the Provincial Court of Santa Cruz de Tenerife. The appeal lodged by Anfi was dismissed and the judgement confirmed that the initial hearing at the first court instance still stands. The points to be highlighted are as follows: 1.Confirmation of the indeterminacy of the contractual object. (Sole ground of appeal.) 2.Respective order for costs. £24,097 awarded.
- Club la Costa Continental – The Court of Appeal dismissed CLC‘s appeal following the initial judgement at the first court of instance in its entirety and ordered CLC to pay court costs. £11,654 awarded.
11 Jurisdiction victories valued at £187,534
M1 legal secured 11 jurisdiction victories last week, 9 of them were against CLC and 2 against Diamond Resorts. The defense challenged the cases being heard in Spanish jurisdiction. Six victories were the initial jurisdiction hearing, and five were victories on an appeal. All cases will now proceed to the next step.
