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Marriott ordered to pay £133k plus six other positive results

Oct 17, 2022 | CLC World, Latest Victories, Marriott, Royal Park Albatros, Silverpoint, Timeshare Resorts

We are pleased to inform you of this week’s Spanish court victories. M1 Legal secured SEVEN positive awards with a total value of £200,518, one of the awards was a single judgement with an award amount of £133,607. 

Here is a breakdown of our substantive results:

1st Court of Instance:

  • Explotación Hotelera (Royal Park Albatros) x 2 – In Granadilla de Abona, Tenerife, court No. 2, in both these cases, the judge declared the contract null under the requirements of law 42/1998 (lack of information regarding the accommodation and contract duration). Amounts Awarded – £11,099, £11,895.
  • CLC World Sucursal – In Fuengirola court No. 1, the judge declared the contract null under the law 04/2012 for lack of information regarding the accommodation and contract duration. Amount Awarded – £17,078.
  • MarriottOur biggest single award against MVCI was heard in Marbella court No. 8, the judge declared the contract null under law 42/1998 for lack of information regarding the accommodation and contract duration. Amount Awarded – £133,607.

We also received news of a positive judgement against Lagos de Fañabe and Sand & Sea.

 Appeals:

  • CLC World (Sucursal) – 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). We also won court costs.  Amount Awarded – £11,992.
  • Silverpoint In Arona court No.3. the procedure continued for this case against Silverpoint to obtain contractual nullity, recognising the credit in the insolvency proceedings which resulted in a slightly larger award than expected. Amount Awarded – £12,234.

Jurisdiction:

One case valued at £46,026

We had a fantastic result against CLC Paradise Trading. In Malaga Court of Appeal, No. 6, it was heard that the judge at the Mercantile court had suspended the claim until the jurisdiction argument raised by CLC (Continental) could be reviewed in the EU Court of Appeal. However, following our appeal to this decision, the request has now been declined, resulting in the case moving forward to the next step in the Mercantile Spanish court.

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