Once again Anfi Sales SL and Anfi Resorts SL employed their delaying tactics after losing in the Court of First Instance, by appealing to the High Court of Las Palmas.
The subject of the appeal was the duration of the contract, our German clients’ contract was indefinite, commonly known as a perpetuity, when the law 42/98 was adopted the maximum period was limited to 50 years.
Anfi argued that when the law came into force in January 1999, they had in place a “deed of Adaptation”, which they claimed allowed for the sale of “indefinite” contracts. The “Deed of Adaptation” was only intended to be used for contracts sold before the law enforced the maximum duration set in the new legislation.
The Judges hearing the appeal had no other choice but to find against Anfi as did the Court of First Instance, following the numerous rulings from the Supreme Court. Therefore the Judges ruled that the sentence of the Court of First Instance was correct and confirmed the sentence.
This sentence was the declaring of the contract as null and void with the return of 152,345.38€ for the length illegal length of the contract and the fact that it contained Floating weeks which have also been declared illegal by the Supreme Court.
Plus 26,743.30€ for the illegal taking of deposits on the day of purchase or within the statutory 14 days cooling-off period. Giving a grand total of 179,088.68€ to which appeal cost must be added.
The legal team from CLA who represented our client was made up of Eva Maria Gutierrez Espinosa (Abogada) and Francisco Cornelio Montesdeoca Quesada (Procurador). The judge hearing the appeal were:
PRESIDENTE: Don Víctor Caba Villarejo
MAGISTRADOS Don Carlos García Van Isschot
Don Miguel Palomino Cerro
Anfi did attempt to lodge an appeal to this appeal but that was rejected.
It is congratulations to our German client and also thank you for placing your trust and confidence in CLA. The whole legal team also deserves congratulations for all their efforts and hard work during this case.
Do you want to know more, would you like to know if you have a valid and viable claim?
If so please contact CLA by using our contact page and we will get back to you.