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Clc World & Diamond Resorts Lose Again

Jul 25, 2022 | CLC World, Diamond Resorts, Latest Victories, Marriott, Timeshare Resorts

Published July 25, 2022

We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured Seven positive awards with a total value of £118,844.

Here is a breakdown of the substantive results:

1st Court of Instance:

  • CLC World (Sucursal) – In Fuengirola court No. 1, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation and contract duration). Amount Awarded – £11,007.

Appeals:

  • Diamond Resorts – In the Court of Appeal No.4 in Malaga, it was confirmed that the judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation. – Law 04/2012. Amount Awarded – £11,476.
  • CLC World (Paradise Trading) – In the Court of Appeal No. 3 in Tenerife, it was 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 04/2012*. *Amount Awarded – £12,222.
  • CLC World (Sucursal) x 2 – In the Court of Appeal No. 4 in Malaga, it was confirmed that both judgements still stand from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation – Law 04/2012.Amounts Awarded – £9,410, £17,356.
  • CLC World (Sucursal) – In this case, the judge from the 1st Instance had previously rejected all our client’s  contracts apart from one declaring only the latest contract null, however, the judge at the Court of Appeal agreed with our arguments and it was upheld. and now all our client’s contracts are declared null and void.  The judge also ordered CLC World to pay costs in both instances. Amount Awarded – £52,536.

We also had a positive appeal decision against RCI Europe & SSB Marketing

Jurisdiction:

4 cases valued at £108,017

In this weeks’ jurisdiction cases there was two against Marriott, one against Diamond Resorts and one against CLC World (Paradise Trading).  In all four cases, the resort’s argued that the cases should not be heard in Spain, however the judge has ruled they can. All four cases will move to the next step.

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