Regarding our battle against some of the biggest timeshare resorts in Europe we are delighted to be able to report that in 2013 we won 27 cases for our clients resulting in victories of 1.146.657€.
So far in 2014 we have won an addition 35 cases resulting in further victories of 2.005.051€
One particular sentence we were delighted about was our victory in section 4 of the High Court of Las Palms against Anfi del Mar, especially as this case was lost in the first instance in the courts in San Bartolome.
The Judges in the High Court fully endorsed the Timeshare Law. Their clear ruling pointed to the fact that the Timeshare Law insists that Timeshare contracts must include a minimum amount of information and that it prohibits the taking of deposits within the mandatory 14 day cooling off period. As Anfi contravened both these aspects the Judges declared the contract null and void and awarded our clients a full refund of all fees paid including double the deposits they paid.
Of course we were delighted that the law had been applied in its full context and were confident that the Judges from both the primary courts and the High Court would adopt the same ruling – after all the law is the law?
However we have been extremely disappointed with subsequent rulings which have been inexplicably inconsistent and in most cases conflicting with the original ruling from the High Court?
We believe that there is no justifiable legal reason for these inconsistencies.
In our opinion – we believe that external factors are influencing the rulings. Some of the companies who we are fighting against are large corporations who employ lots of people and in doing so seem to have a certain degree of influence in certain areas.
Of course we cannot and will not accept this situation and are fully prepared to challenge these ruling in the Supreme Court and if necessary take them to Brussels.
As a law firm we are not asking for anything unique or unusual we just expect the law to be applied to everyone in a consistent and fair manner. The Timeshare law drawn up by the member states in Brussels applies to all European members States including Spain and the Canary Islands.
https://ec.europa.eu/consumers/ecc/consumer_topics/timeshare_en.htm