We are pleased to inform you of the latest Spanish court victories over the last two weeks.M1 Legal secured TWELVE positive awards with a total value of £166,641.Our highest award from these latest results was confirmed against Marriott Vacation Club valued at £70,743.
Please see below a breakdown of the substantive results:
1st Court of Instance:
- Marriott Vacation Club – At Marbella court number one, the judge from First Instance declared the contract null under law 42/1998 due to a lack of information regarding the contract duration. Amount awarded – £70,743.
- Anfi Sales & Anfi Resorts – At San Bartolomé de Tirajana court number two, the judge from First Instance declared the contract null under law 04/2012 due to lack of information regarding the contract duration. Amount awarded – £11,925.
We also received confirmation of a positive judgment against Sunset Beach Marketing and RCI.
Appeals:
- Anfi x 2 – At the Court of Appeal in Las Palmas, it was confirmed that the judgements from the First Instance still stand which declared the contracts null due to lack of information regarding the accommodation and contract duration (law 42/1998 and 04/2012). Amounts awarded – £10,980, £10,154.
- CLC Sucursal – At the Court of Appeal in Malaga, 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 (law 04/2012). Amount awarded – £17,359.
- CLC Sucursal – In another Sucursal case, the Court of Appeal in Malaga partially revoked the judgment from the First Instance which declared the contract and its accessories (the loan) nullity. It kept the nullity for the timeshare contract due to lack of information (period) but declared the loan contract cannot be sued in Spain. Amount awarded – £11,448.
- CLC Continental Resorts – At the Court of Appeal in Malaga, it was confirmed that the judgement from First Instance still stands which declared the contract null due to lack of information regarding the accommodation and contract duration (law 04/2012). Amount awarded – £26,905.
- Marriott Vacation Club – At the Court of Appeal in Malaga, it was confirmed that the judgement from First Instance still stands which declared the contract null due to lack of information regarding the accommodation and contract duration (law 04/2012). Amount awarded – £33,180.
We also received confirmation of a further positive appeal against Anfi, and two against CLC Continental Resorts.
In all but one of the above cases (CLC Continental Resorts) we were awarded court costs.
Jurisdiction:
Six cases valued at £89,046
Our jurisdiction positive results were:
- Five cases against Diamond Resorts.
- One case against CLC Paradise Trading & RMF Andalusian Management
In two of the Diamond cases, the defendant 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 the preliminary hearing.
In the case against CLC Paradise Trading & RMF Andalusian Management, the Mercantile Court suspended the claim until the jurisdiction issue raised by the defendants is heard in the European court. Subsequently, M1 Legal appealed this decision which has now been overturned. The court ordered the claim to proceed in the Mercantile court in Spain.
In one of the cases, Diamond Resorts appealed against the decree that ordered the embargo on their assets and accounts. This was dismissed by the judge.
Finally, in two of the Diamond cases, the judge declined the jurisdiction issue raised by the defendant which declares the Spanish Courts competent to process the claims.
All cases mentioned above will now proceed to the next step.
