We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured 4 positive awards with a total value of £48,430.
We had 1 substantive this week:
1st Court of Instance:
- CLC World – In court No.1 in Fuengirola, the judge declared the contract null and void under the law 04/2012 due to lack of information regarding the accommodation and contract duration. Amount Awarded – £15,080.
There was also another award against CLC World however for some strange reason the judge only declared null and void to the latest contract, this case will be appealed to present grounds for the previous contracts to be nulled also.
Appeal:
- Anfi – The Court of Appeal No.3 in Las Palmas, Gran Canaria has confirmed this judgement still stands from the first instance which was declared null and void due to lack of information regarding the contract period – Law 42/1998. Amount awarded £20,782.
There was also a further appeal on a case against Diamond Resorts, which went in our favour also. The Court of Appeal has confirmed this judgement still stands.
Jurisdiction:
Six cases valued at £103,384
This week, all six cases ruled in our favour were against Diamond Resorts that argued the cases should not be heard under Spanish jurisdiction, however the judge ruled they can.
In one of the cases, Diamond Resorts had requested that the jurisdiction should be discussed under EU regulations and ruled by the EU court. However, the judge based his decision in ruling upon the fact that the UK is no longer part of the EU so the case must be heard under Spanish jurisdiction.
In another similar case, Diamond resorts argued that the case should be heard in the EU court but the judge declined their request.
All six cases will now proceed to the next step.
