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Eight awards against CLC World totalling £162,682 along with Marriott and Anfi

Nov 14, 2022 | Anfi Group, CLC World, Latest Victories, Marriott, Timeshare Resorts

We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured TEN positive awards with a total value of £217,658.

Here is a breakdown of our substantive results:

1st Court of Instance:

  • CLC Paradise Trading – In Arona, court No. 1, the judge declared the contract null under the requirements of law 04/2012 (lack of information regarding the accommodation).Amount Awarded – £14,709.
  • CLC Sucursal- In Fuengirola, court No. 1, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation, agreement duration and prohibition of using the word “property” in the contract. Amount Awarded – £23,653.
  • MarriottIn Marbella, court No. 8, we won in full against MVCI Holidays and MVCI Management for a contract in Marbella Beach. This is a formidable judgement that we can use in other cases.  The judge was extremely clear that she did not admit interrogatories, leaving it wide open for judgement.  She also dismissed the application for the preliminary ruling to the EU court requested by Marriott.  The nullity was confirmed on the grounds of lack of information regarding the accommodation, and that the General Conditions are not valid as they have been drawn up independently.  Amount Awarded – £26,640.
  • CLC Paradise Trading – In Arona, court No. 3, the judgement declared the contract null under the law 42/1998 (contract period). Amount Awarded – £21,610. 

 Appeals:

  • CLC Sucursal x 2 – In the Court of Appeal No.4 Malaga, Costa Del Sol,  the judgements have been confirmed in both these cases from the first instance which declared the contracts null due to lack of information (accommodation and contract duration),Amounts Awarded – £25,016, £15,022.
  • CLC Continental x 2 – In the Court of Appeal No.4 Malaga, Costa Del Sol, the judgements have also been confirmed in both these cases from the first instance which declared the contract null due to lack of information (accommodation and contract duration), Amounts Awarded – £16,098 £25,029.
  • CLC UK PLC – In the Court of Appeal No.4 Malaga, the judgement has been confirmed from the first instance which declared the contract null due to lack of information (accommodation and contract duration)Amounts Awarded – £21,545.
  • AnfiIn the Court of Appeal No.5 Las Palmas, it was confirmed that the judgement from the first instance still stands whereby the contract was declared null due to lack of information regarding the accommodation and contract period. Amount Awarded – £28,333.

We won court costs on all these cases apart from Anfi.

Jurisdiction:

Three positive results valued at £62,920

In all three cases, the judge at the Mercantile courthas suspended the claim until the jurisdiction issue raised by CLC World to the European court. We appealed to this decision and the request has been declined.  All three cases will now proceed under Spanish jurisdiction.

Well done to all involved in these cases.

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