Canarian Legal Alliance would like to comment the following regarding Anfi´s recent statement
“Update on recent legal judgment”
from May 2015:
Anfi claim that they and their industry body the Resort Development Organisation (RDO) believe that the recent Supreme Court Judgement against them is “incorrect”.
This is an extremely bold statement given that The Supreme Court of Spain is the highest court in Spain for all matters not pertaining to the Spanish constitution.
We are not sure why they would make such a comment when the whole judicial system knows that the Supreme Court are the tribunal of last resort which provides finality in all legal issues.
They then go on to claim that they and their industry body the Resort Development Organisation (RDO) are “appealing” against the Supreme Court ruling – another questionable comment given there is no avenue for appeal against a Supreme Court decision.
The fact is that they have not appealed the Supreme Court ruling – what they have done is merely requested “clarification” from the Supreme Court on one aspect of the ruling – a delaying tactic which the Supreme Court has already rejected.
The only options left for Anfi is to approach the Constitutional Court – who deal only with fundamental rights issues – or the European Union and with respect – we know – and we are sure Anfi know – that this is hardly a matter they will deem worthy of their time.
Again, taking this approach is simply another delaying tactic by Anfi. What they really need to do is accept the Supreme Court ruling and do the right thing by paying out the plaintiffs.
Regarding the decision on floating weeks they claim that this is ruling from the “1st Instance court”. This simply isn’t true.
There is most definitely a Supreme Court ruling regarding floating weeks.
The ruling was not against Anfi – it was against another timeshare resort – but it has been passed as jurisprudence, meaning it is now the law for all resorts.
This is why the recent sentences from the 1st Instance Court and from the High Courts of Las Palmas have declared Anfis contracts with floating weeks null and void – they are all following the ruling of the Supreme Court.
We accept absolutely that all affected resorts will be launching “appeals” based on any 1st Instance or High Court rulings but their motivation is purely to buy time because they know that the law has already been established in the Supreme Court and that their appeals will fail.
As a last note we would like to advise you that most probably these resorts will be asking you to sign a new contract with them ensuring that they have made the necessary changes to comply with the law and to exonerate them from any future claims. Before signing any new documents that will jeopardize your future case please seek advice from your lawyer.