Start the Week: Latest News From the Supreme Court

Welcome to the start of another week with Inside Timeshare, today we bring you news which came in late on Friday from the courts. The first is a sentence from the High Court of Las Palmas de Gran Canaria against Anfi, one from the Court of First Instance in Arona, Tenerife involving our old friends at Silverpoint and a very important decision from the Supreme Court in Madrid.

This case was heard in the High Court and was an appeal by Anfi against the sentence issued in the Court of First Instance. This has become a very regular occurrence by Anfi who still believe that the law has been interpreted wrongly by the courts and especially the Supreme Court.

In this sentence from the High Court, Anfi Sales SL and Anfi Resorts SL have been ordered to reimburse the Norwegian client over 41,000€ with the contract being declared null and void. As usual, the infringements in the contract were the use of floating weeks, the length of the contract and the taking of payments within the Statutory cooling-off period.

In the Court of First Instance of Arona, Tenerife, Silverpoint was ordered to repay one UK client over 68,000€ with the contract being declared null and void. Immediately after the sentence was issued the enforcement team at Canarian Legal Alliance launched a separate case to embargo the accounts of Silverpoint.

The team managed to secure the funds and this has now been released to CLA’s escrow account and has already been transferred to the client’s own account. So another happy ex-timeshare owner.

We now move to a very important decision by Spain’s Supreme Court in Madrid, as we already know this court has ruled 130 times against timeshare companies and has enforced the Timeshare Law 42/98 which all courts must now follow.

This follows yet another appeal by Anfi Resorts who lost in both the Court of First Instance and the High Court, expressing their discontent at the decisions made by the lower courts and also the precedents set by Spain’s highest court. As we stated above, Anfi still believes that the law is wrong and that the courts especially the Supreme Court have misinterpreted the law.

This time the Supreme Court did not hear the case, it was rejected and sent back to the High Court for the execution of sentence, the court also rejected reviewing the sentence and have made it quite clear that they will reject any further appeals. The court believes that they have made enough rulings on this subject and that the law is very clear. It is also very apparent that the Supreme Court is likely to reject many more appeals from the timeshare industry.

In this case, the client is now set to receive over 124,000€ along with legal interest and legal costs and has also had their contract declared null and void, another very happy ex-timeshare owner.

Once again these cases were brought on behalf of the clients by the lawyers of Canarian Legal Alliance, so congratulations are in order to the whole legal team at CLA.

If you have any questions about this or any other article published or you would like to know if you have a contract which may be illegal, please use our contact page and Inside Timeshare will get back to you.


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