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A Matter of Jurisdiction: Court Rules Against Club La Costa

On 27 January 2020 Canarian Legal Alliance announced another landmark ruling from the High Court of Málaga which confirmed that Spanish Courts do have jurisdiction on timeshare contracts purchased in Spain even though they show a UK limited company.

This has been a tactic used by many timeshare developers to circumvent Spanish timeshare laws which came into force on 5 January 1999.

On 7 February 2020, we received news that a further  appeal of ours to the High Court overturned the decision by the Court of First Instance of Fuengirola which rejected our client’s case due to Club La Costa claiming that the contract did not fall under the jurisdiction of Spanish Courts. Their contract shows a UK limited company and also claims that jurisdiction is under UK law and UK courts.

In this recent landmark case, the High Court rejected CLC’s argument in line with the previous ruling from the Málaga High Court. This latest ruling will be welcomed by the many clients who have entrusted CLA to bring their cases to court.

It also sends out the message to all timeshare developers that Spanish law will have jurisdiction over sales of timeshare made in Spain, that the laws have been put into place to protect consumers and not for the convenience of the developers.

If you own a timeshare product and this was purchased in Spain and you would like to know what your legal position is, please use our contact page and we will get back to you.

February 12, 2020

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