We are pleased to inform you of last week’s Spanish court victories. M1 Legal secured a fantastic 8 positive results with a total amount awarded of £129,442. The substantial awards are listed below:
1st Court of Instance:
- Club la Costa World – M1 Legal have secured 3 victories this week, The judge on all 3 cases declared the contract null and void under the law 42/12, lack of information regarding the contract duration and accommodation. One of the contracts under companies CLC Continental & CLC Sucursal, the judge also declared all “accessory” contracts null which is the loan in this case. Amounts awarded – £10,368, £17,843 & £11,494.
- Anfi – The judge declared the contract null and void under law 04/2012 requirements. It was revealed the contract did not disclose minimum accommodation information and court costs were awarded in our favour. Amount Awarded £13,908
- Restotel (Medhotel) – The company has been judged in default however, the outcome was very positive. The contract was declared null and void due to the lack of information regarding the accommodation and period. Furthermore, Restotel were ordered to return monies paid during the initial cooling-off period plus interest of the same amount. Amount Awarded £17,960.
- Las Vistas (La Pinta) – We have won in default against Las Vistas Marketing SL of La Pinta resort. The contract was declared null and void due to the lack of information regarding the accommodation and period as per law 04/2012 requirements. Furthermore, Las Vistas were ordered to return monies paid during the initial cooling-off period plus interest of the same amount. Amount Awarded £27,427.
Appeals:
- Anfi – In this case, Anfi cancelled the contract due to non-payment of maintenance fees. The case was initially heard at the first court of instance and was ruled in Anfi’s favour due to this. However, we appealed and at the recent hearing, the Court of Appeal recognises that this makes no difference, and the judge declared the nullity of the contract under law 42/98 (did not meet minimum requirements regarding contract duration and accommodation information). A null contract cannot be cancelled. Anfi was ordered to pay court costs. Amount Awarded: £19,488.
- Anfi – In this case, Anfi appealed the judgement from the first court of instance. We received a judgement from the Provincial court in las Palmas rejecting Anfi’s appeal and confirming in its entirety the judgement, we were awarded court costs. Amount Awarded: £10,951.
