We are pleased to inform you of this week’s Spanish court victories. M1 Legal had a fantastic result against CLC Sucursal and the property owner Reymonte Title 2 SL. Furthermore, the highest award was confirmed against Marriott Vacation Club totalling £28,203.
Please find below a breakdown of the results:
- CLC Sucursal – In the Court of Appeal Malaga, 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 (law 04/2012). Amount Awarded – £9,336.
- Marriott Vacation Club – The Malaga Court of Appeal has declared the contract null due to lack accommodation and contract duration information (law 04/2012). M1 legal initially lost the case in the first instance but this decision was overturned. Amount Awarded – £28,203.
- CLC Sucursal & Reymonte Title 2 SL – In this claim, the lawyer representing the client asked the judge to sue CLC Sucursal but also include Reymonte (the property owner) in an attempt to “lift the veil”. Initially, the case was lost as the judge stated there was insufficient evidence.
At the Malaga Court of Appeal, the judge revoked the previous decision and declared that the informative document was sufficient proof, as both entities collaborate closely and profit at the expense of the consumer.
This appeal court ruling is confirmation of the conviction against Reymonte which is great news and can serve M1 as a precedent for many other cases against the CLC Monterey resort, or even in other cases where M1 legal can sue property owner companies. Amount Awarded – £16,940.
Jurisdiction:
This week, we heard a case against Diamond Resorts which was an appeal against the decision from the first instance, it was decided that the Spanish courts were incompetent to judge the case. The Court of Appeal revoked this decision and confirmed that the case is suitable to be heard in Spain. The next step will be the preliminary hearing.
