Judge Orders Club La Costa And Anfi To Pay Up
We are pleased to inform you of last week’s Spanish court victories.
M1 Legal secured 5 positive results with a total amount awarded £174,305.
1st Court of Instance:
- CLC Paradise Trading - The judge dismissed the contract due to duration and includes the price of the previous contracts. It also states it was sold as an investment, we won the court costs. £21,716 awarded.
There was also a positive judgement against Diamond Resorts.
Appeals:
- Anfi x 2 - The Canarian Magistrates of the Court of Appeal in Las Palmas has put a judge in his place that has been rejecting lawsuits due to the client’s non-payment of maintenance fees. The Magistrates confirmed that nullity can be ruled for consummated and expired contracts. Subsequently, the judge ordered Anfi to pay the clients and also he also awarded double the amount paid during the cooling-off period. This is a big blow for Anfi who thought they would escape both these judgements which gives us total confidence to continue to push lawsuits for contracts "extinguished" by non-payment. With support on this from Gran Canaria and Malaga courts, we can argue that in any instances going forward, even though some judges make incorrect decisions, we can argue for nullity. Total awarded between the two cases £99,608 awarded.
- Anfi - In the Provincial Court Las Palmas, Gran Canaria a case filed by Anfi was dismissed following Anfi’s Appeal. Therefore the sentence in the first instance still stands. £15,777 Awarded.
- CLC Paradise Trading - CLC appealed the initial decision but was rejected by the Court of Appeal and all its terms. £12,142 Awarded.
Jurisdiction Hearings:
2 Jurisdiction Victories valued at £28,110
M1 legal secured 2 jurisdiction victories last week, one against Club La Costa and one against Diamond Resorts. The defense challenged the cases being heard in Spanish jurisdiction. Both cases will now proceed to the next step.
