We are pleased to inform you of the latest Spanish court victories over the last two weeks.M1 Legal secured EIGHT positive awards with a total value of £102,831.Our highest award from these latest results was confirmed against CLC Continental Resorts valued at £48,047.
Please see below a breakdown of the substantive results:
1st Court of Instance:
- Anfi Sales – At San Bartolomé de Tirajana court number three, the judge from First Instance declared the contract null under law 42/1998 for lack of information regarding the accommodation and contract duration. Amount awarded – £25,156.
- CLC Continental Resorts – At Arona court number five, the judge from First Instance declared the contract null under law 04/2012 due to lack of information regarding the accommodation and contract duration. Amount awarded – £48,047.
- CLC Paradise Trading – Arona court number five also resulted in a judgement in the client’s favour, (CLC did not show up for the hearing). The judge from First Instance declared the contract null under the law 04/2012 due to lack of information regarding the accommodation and contract duration. Amount awarded – £21,781.
- Marriott – At Marbella court number four, the judge from First Instance declared the contract null under the law 42/1998 due to lack of information regarding the contract duration. Amount awarded – £31,116.
Appeals:
- CLC Sucursal x 2 – At the Court of Appeal in Malaga, it was confirmed that the judgements from First Instance still stand which declared the contracts null due to lack of information regarding the accommodation and contract duration (law 04/2012).Amounts Awarded – £16, 576, £11,769.
- Anfi Sales SL – At the Court of Appeal in Las Palmas, 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 – £19,738.
We also received confirmation of a positive appeal against CLC Continental Resorts.
In all but one of the above cases (Anfi) M1 Legal were awarded court costs too.
Jurisdiction:
Fourteen cases valued at £311,385.
Jurisdiction positive results were:
- Eleven cases against Diamond Resorts.
- Three cases against CLC Paradise Trading
In eleven of the 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 preliminary hearing.
In two of the cases, 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 claims to proceed in the Mercantile court in Spain.
Finally, in one case at the First Instance, the judge had declared that the claim was not accepted to be processed in Spain. However, subsequently, the lawyer representing the client appealed this decision which resulted in the decision to proceed with the claim under Spanish jurisdiction.
