Once again those intrepid and tenacious lawyers from Canarian Legal Alliance have struck again, this week has seen another 4 victories for their clients in the Spanish lower courts and Supreme Court.
The week started off with a victory at the High Court number 5 of Las Palmas, 10 October, in this ruling the court upheld recent Supreme Court rulings on contracts involving “Floating Weeks”. As these weeks are sold without a fixed date or apartment number the contract has been declared “null & void”.
The judge in this instance has ordered Anfi to return to the English client over £10,192 plus interest, they will also receive back all their legal fees.
In another victory this time against Club Class (Great British Marketing SL), the Court of the 1st Instance of Arona in Tenerife, 12 October, has ordered the repayment of 13,722€ plus interest. The contract has also been declared “null & void”.
On 13 October CLA announced their 24th Supreme Court victory, once again it was against Anfi. 
In this ruling the court ordered the return of 49,791€ plus interest and the return of all legal fees, they also ruled that the contract was “null & void”. Again the court reiterated its stance on the selling of “Floating Weeks” by any timeshare company as illegal. The criteria they used was that these weeks do not have a date for use or have an apartment number allocated, thereby the client is not guaranteed the holiday as they are subject to availability.
Then on Thursday 13 October, it was also announced that Resort Properties / Silverpoint must return over 20,000€ including interest and legal fees. The judge at the Court of 1st Instance Number 5, in Tenerife also declared that the contract was also “null & void” in accordance with all the Supreme Court rulings. So now the courts in Tenerife are following the judgements of the highest court in Spain.
Inside Timeshare has also had enquiries from Anfi members who have said that Anfi are contacting them and denying any court rulings having been made against them. They have even stated that no buyout by Lopesan has taken place, all this even after being plastered all over the Spanish and European press.
It must also be asked why the trade body the RDO is also taking the same stance as Anfi in regards to Supreme Court rulings?
As a trade body, they do have a duty to their members, but they also have a duty to the owners of their members products, ensuring that all laws and regulations are complied with. If the RDO had sanctioned their members in the past for disregarding the rules, then somehow I don’t think we would have the situation we see today.
So it is congratulations to the clients and the legal teams who worked so hard to achieve these results for their clients. With still over 100 cases waiting to be heard at the Supreme Court, we will see even more cases such as these in the coming months.
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