We are pleased to inform you of the latest Spanish court victories over the last few weeks.M1 Legal secured TWENTY TWO positive awards with a total value of £447,895, which is an average of £20,358 per case. Our highest award from these latest results is confirmed against Silverpoint valued at £49,312.
Please see below a breakdown of the substantive results: 1st Court of Instance:
- Silverpoint – At Arona court number one, the judge declared the contract null due to lack of property and contract period information, law 42/1998. Amount awarded – £49,312.
- Explotación Hotelera – Also in Arona, the judge declared the contract null due to lack of contract period information, law 04/2012. Amount awarded – £23,800.
- Marriott x 5 – In Marbella court Number four, the judge declared all five contracts null due to lack of property information, (Laws 42/1998 and 04/2012). Amounts awarded – £17,138, £8,846, £29,441, £33,482, £35,796.
- Regency Limited (Taboo Inversiones) – Tabobo Inversiones once again is considered illegitimate, and the lawsuit is only against Regency Limited due to “legal doubts,” but they do recognise it. Despite it being proven that Tabobo is responsible for maintenance and executes the contract, surprisingly they do not consider their legitimacy (Article 1.5 Law 42/1998), which is outrageous. Adrian (M1 Legal lawyer representing the case) will appeal and will include Marabú S.L., who owns the apartments. Adrian will also request a declaration of Regency Limited’s assets in other enforcement proceedings, which is concerning them, we will see in due course what transpires, (law 42/1998) due to lack of contract period information. Amount awarded – £40,254.
- CLC Paradise Trading x 3 – At Arona court numbers one and four, the judge declared the contract in one case due to the lack of contract period information, the other two cases were for both lack of property and contract period details. . Amounts awarded – £9853, £13,904, £14,386.
Appeals:
- Diamond Resorts – The Provincial Court in Tenerife reversed the First Instance decision and declared the contract null and void for lack of property information, (Law 04/2012) with an express order for costs. Amount Awarded – £14,363.
- Diamond Resorts – The Court of Appeal in Malaga has confirmed in full the judgment from the First Instance that declared the contract null due to lack of property information (laws 42/1998 and 04/2012) Amount Awarded – £32,670.
- Exploitación Hotelera – The Court of Appeal in Malaga has confirmed in full the judgment from the First Instance that declared the contract null due to lack of property information (law 42/1998) Amount Awarded – £23,800.
- Anfi – The Court of Appeal in Las Palmas has confirmed in full the judgment from the First Instance that declared the contract null due to lack of property information, (Law 42/1998). Amount Awarded – £12,860.
- Fuerteventura – The Court of Appeal in Tenerife has confirmed in full the judgment from the First Instance declaring the contract null due to lack of property information, (Law 04/2012). Amount Awarded – £11,160.
- CLC Sucursal x 3 – At the Court of Appeal in Malaga, it was confirmed in full the judgments from the First Instance declaring all four contracts null and void due to lack of property information. (Law 04/2012). Amounts Awarded – £10,146, £13,661, £20,077.
- CLC Continental Resorts – The Court of Appeal in Tenerife has confirmed in full the judgment from the First Instance that declared the contract null due to lack of property and contract period information, (Law 04/2012). Amount Awarded – £17,794.
We also received a positive decision against Anfi whereby the case was decided in our favour twice, both in the First Instance and in the Court of Appeal, declaring the contract null due to lack of property information (Law 42/1998). Anfi took this particular case to the Supreme Court in Spain, which has now also ruled in our favour confirming the previous judgments.
Jurisdiction:
Six cases valued at £82,960
Our jurisdiction positive results were:
- Three cases against CLC World
- Two cases against Diamond Resorts
- One cases against Marriott
In one of the CLC World cases, (CLC UK PLC) they requested the discontinuance of the lawsuit pending a preliminary ruling on the question of jurisdiction before the European Court. The Court Of Appeal has declined this request, declaring that the lawsuit continues to proceed under Spanish law.
In the Marriott case, the judge has declined the jurisdiction issue raised by Marriott based on the EU regulation 1215/2012 and Spanish Law LOPJ art.22, declaring the Spanish courts competent to process the claim.
In one of the Diamond Resort’s cases, the judge declined the defendant’s jurisdiction argument declaring the Spanish courts competent to process the claim. In the other Diamond Resorts case, the judge declared that Diamond Resorts Europe (the company that absorbed Sunterra) is liable to be claimed under Spanish jurisdiction.
In two of the CLC World cases (Continental and Paradise Trading), There was an appeal for reversal which was declined by the judge which ends the jurisdiction issue.
All cases mentioned above will now proceed to the next step.
A great achievement to all involved in these cases.
