M1 Legal are pleased to inform you of the latest Spanish court victories over the last two weeks. The Malaga-based firm of lawyers secured TWELVE positive awards with a total value of £286,599 which is an average of £23,883.The highest award in these latest results was confirmed against Restotel and Medhotel valued at £79,233.
Please see below a breakdown of the substantive results: 1st Court of Instance:
- Silverpoint – In Arona, court number three, the judge declared the contract null under law 42/1998 for lack of information regarding the accommodation and contract duration. Amount awarded – £45,078.
- Diamond Resorts – In Fuengirola, court number three, the judge declared the contract null under the law 04/2012 for lack of information regarding the contract duration. Amount awarded – £11,932.
- Restotel and Medhotel – Denia court number three resulted in a judgement by default (the defendant did not attend). The judge declared the contract null under the law 04/2012 regarding the lack of accommodation and contract duration information. Amount awarded – £79,233.
- Restotel and Medhotel – In Denia court number three, the judge declared the contract null under the law 42/1998 regarding the lack of accommodation and contract duration information. Amount awarded – £43,737.
- Anfi Sales and Anfi Resorts – In San Bartolomé de Tirajana, court number three, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £12,852.
- CLC Continental Resorts – In Arona, court number three, the judge declared the contract null under law 04/2012 for lack of information regarding the accommodation and contract duration. Amount awarded – £25,591.
M1 Legal also received confirmation of a positive judgement against Heritage Resorts.
Appeals:
- CLC Sucursal x 2 – In the Court of Appeal, Tenerife and Malaga, it was confirmed that the judgements still stand from the first instance which declared the contracts null due to lack of information regarding the accommodation and contract duration (law 04/2012). Amounts Awarded – £13,789, £15,807.
- Perblau 2000 (Onagrup) – In Barcelona Court of Appeal, it was confirmed that the court had declared our client’s contract null due to lack of information regarding accommodation and contract duration. The decision by the judge in the first instance (which we initially lost) has been overturned. Amount Awarded – £15,981.
- Anfi – In Las Palmas Court of Appeal, it was confirmed that the court had declared our client’s contract null due to lack of information regarding accommodation and contract duration. The decision by the judge in the first instance (which we initially lost) has been overturned. Amount Awarded – £12,704.
M1 Legal also received confirmation of a positive appeal against Explotación Hotelera.
In all but one case, court costs were awarded too.Jurisdiction:
Five cases valued at £76,809.
In the lastest jurisdiction positive results, there were five cases against Diamond Resorts.
In one of the cases, the Mercantile Court suspended the claim until the jurisdiction object raised by the defendants was heard in the European court. Subsequently, M1 appealed this decision which has now been overturned. The court ordered the claim to proceed in the Mercantile court in Spain.
In the remaining four cases, Diamond appealed against the initial decision to proceed with the claim in Spain which was declined by the judge, the next step for these cases will be preliminary hearing.
