In the last week of hearings until September due to the Spanish courts closing for the month of August, we are pleased to inform you of this week’s court victories. M1 Legal secured Six positive awards with a total value of £93,469.
Here is a breakdown of the substantive results:
1st Court of Instance:
- CLC World (Sucursal) – In Fuengirola court No. 5, the judge upholds another lawsuit and reasons that it is appropriate to return what was paid for the previous contract despite the fact that the clients did not go to the trial, as the contract states “Assignment” and not “Waiver” of the right. The contracts had grounds for nullity (law 04/2012) due to lack of information regarding the accommodation and contract period. Amount Awarded – £20,008.
We also had a positive judgement against perblau (Onagrup) and Diamond Resorts.
Appeals:
- CLC Paradise Trading – In the Court of Appeal No.3 in Tenerife, it was confirmed that the judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the contract duration. Amount Awarded – £43,609.
- Anfi Sales, Anfi Tauro & Anfi Resorts – In the Court of Appeal No. 3 in Gran Canaria, it was confirmed that this judgement still stands from the First Instance whereby the contract was declared null and void due to lack of information regarding the accommodation – Law 04/2012. Amount Awarded – £17,591.
Jurisdiction:
4 cases valued at £54,507
In this weeks’ jurisdiction cases there were three against Diamond Resorts, one against and one against CLC World (Sucursal). In all four cases, the resort’s argued that the cases should not be heard in Spain, however the judge has ruled they can. All four cases will move to the next step.
