We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured 13 positive awards with a total value of £176,718.
Here is a breakdown of the substantive results:
1st Court of Instance:
- Infiniti (Ecomar & Leisure Dimensions) – In court No.2 in Fuengirola, Spain, the judge declared the contract null and void under the law 42/1998 due to a lack of information regarding the accommodation and contract duration. Amount Awarded – £11,394.
- Marriott – In court No.5 in Marbella, Spain, the judge declared the contract null and void under law 42/1998 due to a lack of information regarding the accommodation. Amount Awarded – £17,735.
- CLC World – In Fuengirola court No. 1, Spain, the judge declared the contract null under the law 04/2012 (lack of information regarding the accommodation and contract period. Amount Awarded – £10,146.
- CLC World x 4 – In Fuengirola court No.5, Spain, M1 Legal had 4 cases that went in our favour all for similar reasons. The judge in all 4 cases declared the contract null and void due to the lack of information regarding the accommodation and contract period. In one of the cases, only the last contract was nulled but this will be appealed. Amounts Awarded – £14,278, £22,761, £24,288, £13,440.
Appeals:
- Anfi – The Court of Appeal No.5 Las Palmas, Gran Canaria, has confirmed that this judgement still stands from the first instance whereby the contract was declared null and void due to lack of information regarding the accommodation and contract period – Law 42/1998. Amount awarded £11,144.
- CLC World – The Court of Appeal No.4 in Arona, Tenerife has confirmed that this judgement still stands from the first instance whereby the contract was declared null and void due to lack of information regarding the accommodation and contract period – Law 04/2012. Amount awarded £21,716.
- CLC World – The Court of Appeal No.4 in Malaga, Spain, has confirmed that this judgement still stands from the first instance whereby the contract was declared null and void due to lack of information regarding the accommodation and contract period – Law 04/2012.Amount awarded £11,667.
There were also two further appeals against Anfi, and one against Tasolan which went in our favour also. The Court of Appeal has confirmed that both judgements still stand.
Jurisdiction:
Six cases valued at £84,295
This week, all six cases ruled in our favour were against Diamond Resorts who 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 due to the clients residing in the UK. 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.
All six cases will now proceed to the next step.
