We are thrilled to inform you of this weeks results by M1 Legal that secured TEN positive awards with a total value of £409,321. Our highest award this week was against Onagrup valued at £196,569 which is the second largest award ever achieved by M1 Legal.
Please see below a breakdown of the substantive results: 1st Court of Instance:
- Diamond Resorts x 2 – In Fuengirola, court number three, the judge declared both contracts null under the requirements of law 04/2012. In one case, the grounds for the claim were due to lack of information regarding the accommodation, and in the second case for lack of contract duration information. Amounts awarded – £23,749, £11,840.
- Pearly Grey – In Arona, court number three, the judge declared the contract null under the law 42,1998 for lack of information regarding the accommodation. Amount awarded – £10,191.
- Marriott – In Marbella, court number six, the judge declared the contract null under the law 42/1998 for lack of information regarding the accommodation. Amount awarded – £23,583.
- CLC Paradise Trading – In Arona, court number three, the judge declared the contract null under both laws, 42/1998 and 04/2012 for lack of information regarding the accommodation and contract duration.Amount awarded – £59,959 which includes the total amount paid for all previous contracts. This was a fantastic decision for M1 Legal.
- CLC Sucursal – In Fuengirola, court number four, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £26,063.
- CLC Continental – In Arona, court number three, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation. Amount awarded – £13,795.
- Onagrup – In Denia, court number two, M1 Legal achieved their second largest award to date. The claim was fully upheld against Restotel SA., and Club Estela Dorada and Perblau 2000 SL., sentencing them jointly to pay €86,646.72 Euros, plus interest from each payment made along with double interest against Restotel for the amount of €138,547.00 Euros with express imposition of costs to the defendants. It has been clear that Medhotel Group SL., does not exist and its data corresponds to that of Club Estela Dorada. The grounds for the claim were lack of information regarding the accommodation information and contract duration. Amount awarded in pounds sterling – £196,569.
Appeals:
- Anfi – In Las Palmas Court of Appeal, it was confirmed that the judgement from the first instance still stands which declared the contract null due to lack of information regarding the accommodation and contract duration under the law 42/1998.Amount awarded – £16,124.
- Anfi – In Las Palmas Court of Appeal, it was confirmed that the judgement still stands from the first instance which declared the contract null due to lack of information regarding the accommodation and contract duration under the law 42/2012. Amount Awarded – £10,101.
In all first instance and appeals this week, we were awarded court costs.
Jurisdiction:
Fifteen cases valued at £292,734
This week, our jurisdiction positive results were:
- Four against Diamond Resorts
- One against RCI
- Ten against CLC Paradise Trading and RMF Andalusian
In all ten CLC Paradise Trading, two Diamond Resorts and the RCI case, the Mercantile Court has suspended the claim until the jurisdiction object raised by the defendants was heard in the European court. However, subsequently, we appealed this decision which has now been overturned in all these cases. The court ordered all thirteen claims to proceed in the Mercantile court in Spain.
In the remaining cases against Diamond Resorts, there was an appeal for reversal that was declined by the judge. This ends the jurisdiction process and the next step will the preliminary hearing.
A fantastic achievement this week to all involved, especially to Patricia for her work on the Onagrup case.
