We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured nine positive awards valued at £135,342.
Here is a breakdown of the substantive results:
1st Court of Instance:
- CLC World – In Fuengirola court No.1, the judge declared the contract null under the law 04/2012 (lack of information regarding the accommodation and contract period.Amount Awarded – £27,301.
- CLC World – In Fuengirola court No.5, the judge ruled another CLC contract in our favour for lack of information regarding the accommodation (law 04/2012). Amount Awarded – £13,829.
- Marriott – In Marbella Court No.6,this is a partial victory and the lawyer representing the case will appeal the aspects we have lost. Amount Awarded – £16,342.
M1 Legal also received positive results against Tasolan and another Marriott case.
Appeals:
- Anfi – In the Court of Appeal No.5 Las Palmas, Gran Canaria, it was heard that this case was initially lost at the First Instance due to the consideration that the contract was previously cancelled due to non-payment of maintenance fees. M1 Legal were not happy with this decision and appealed which resulted in another win along with court costs. The contract was nulled due to lack of accommodation information under law 42/1998 requirementsAmount Awarded £18,878.
- Anfi – The Court of Appeal No.3 in 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. – Law 42/1998. Amount Awarded £17,958.
- CLC World x 2 – In the Court of Appeal No. 4 in Malaga, Costa Del Sol, has confirmed that these two judgements still stand from the First Instance whereby the contracts were declared null and void due to lack of information regarding the accommodation under Law 04/2012. Amounts Awarded £14,269, £14,587.
Jurisdiction:
5 cases valued at £187,127
This week, we had 4 cases ruled in our favour against Diamond Resorts who argued that the cases should not be heard under Spanish jurisdiction, however, the judge has ruled they can. There was also a case against Marriott valued at over £140,000, the judge has put this case on hold until the jurisdiction argument raised by Marriott has been heard.
