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Lopesan

Tauro Beach Project: Canarian Government Revoke Anfi Concession.

The newspaper La Provincia on 27 November 2016 has published news on the ongoing problems with the Tauro Beach Project, it has been announced that the Canary Island Government is to revoke the concessions awarded to Anfi for the development of this area.

la-provincia

This comes after the investigation started by SEPRONA, the Guardia Civil  Nature Protection Service into irregularities into the licences and permissions that were granted. We have already seen the head of the Coastal Authority, Jose Maria Hernandez, dismissed from his post and facing charges for “Breach of Trust” and Forgery of documents. This case has been declared admissible by Court No3 of San Bartolome de Tirajana. Also an investigation is underway into the Mayor of Mogan, over her involvement.

It transpires that Anfi are being stripped of the concession and being accused of starting the work without providing the correct paperwork. They have also been accused of encroaching on land that was not part of the original project and not completing the project correctly. It appears that they have only laid sand on a fraction of the beach, 1300 sq meters and not the 3811 sq meters as agreed. Environmentalist are also up in arms as the 70,000tonnes of sand imported from the Sahara has not been treated. This according to them means it could contain “invasive species”, which could have a detrimental effect on the local environment.

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The current permits allow Anfi to develop the beach area, building hotels, commercial center and beach services for profit, with the concession running for 50 years. Because of the infractions uncovered, the licences and permits will be revoked, with initial proceedings being heard at the local court of San Bartolome de Tirajana.

This is certainly a huge blow for the Anfi Group and the new 50% owners Lopesan. The financial consequences of this could be huge, it may mean that Anfi will have to spend to put things right, but it also means they have lost the huge investments already made in the project.

It now remains to be seen what will happen next, will there be more charges as the investigation continues?

How is this all going to affect Anfi as a whole, will it mean an increase in maintenance to help cover the losses incurred in the project?

As the investigation goes on, Inside Timeshare will bring you the news as it comes out.

Click on the PDF links for the La Provincia article:

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costas-open-file-to-the-anfi-group-to-revoke-the-granting-of-taurus-the-province-diario-de-las-palmas

Follow these links for more information:

https://m.facebook.com/notes/gran-canaria/surprise-tauro-beach-so-dodgy-the-government-is-taking-it-away/1664104110273792

https://youtu.be/txEIuzIT7M4

http://insidetimeshare.com/first-prosecution-tauro-beach-project-filed/

http://insidetimeshare.com/mayor-mogan-investigation-anfi-tauro-beach-project/

http://insidetimeshare.com/tauro-beach-project-latest-news/

http://insidetimeshare.com/anfi-tauro-beach-project-people-flooded/

If you have any questions about this story, contact Inside Timeshare and we will be pleased to answer them. If you have any information about this or any other subject Inside Timeshare would like to hear from you.

Twenty Five Supreme Court Rulings and Rising.

Last week ended with another ruling from the Supreme Court, this week has seen yet another, bringing the total to 25. This is unprecedented in the Spanish Legal system, the latest is once again against Anfi, bringing the total against this one timeshare operator to 20 rulings in favour of the purchasers of their product.

 

The latest victory for the clients of Canarian Legal Alliance have had their contract declared “null & void”, with Anfi being ordered to repay 29,544€ including legal fees and interest.

CLA Logo

Then at the High Court number 2 of Las Palmas, another CLA client will receive back over 25,460€ including interest and legal fees. In this instance the court made its decision on the basis of the Supreme Court rulings declaring that “floating” weeks are illegal. This is yet another bow for the resort Anfi.

 

These cases and the previous ones have been highlighted in 2 Spanish newspapers, El Diario and Maspalomas Ahora. They explain that since the start of this year, Anfi have had to repay 1.5 million euros to purchaser of their products, with 1 million having been paid out so far. This is for just 50 cases brought this year and that figure is estimated to be around the 8 million euro mark with the 200 active cases CLA have in the courts. With 300 claims waiting to be filed this sum will be around 20 million Euros

So far Canarian Legal Alliance has won around 120 cases against Anfi, with many more against other timeshare operators. So the question must again be asked why do Anfi the RDO and other companies still maintain that the decisions by the judges at the Supreme Court are in error?

 

Anfi themselves are still trying to deceive their own members by telling them that there are no cases against them, that they have not lost and that the buyout of the 50% Lyng share by Lopesan has not happened. Not only do they deny selling illegal products and peddling lies to their customers, but they are also insinuating that the news media are also telling lies. It is unfortunate that some owners are actually believing this, not realising it is a continuation of the misinformation they received when purchasing originally.

 

Along with all the investigations into the Tauro Beach project, which has taken another twist, with the Mayor of Mogan now under investigation for granting a licence which had apparently expired, (new article on this coming soon), these court rulings are certainly eating into the reputation of Anfi.

 

http://www.eldiario.es/canariasahora/tribunales/Anfi-condenas-Supremo-contratos-timesharing_0_566594345.html

 

http://maspalomasahora.com/not/38882/el-grupo-anfi-acumula-en-2016-condenas-por-valor-de-1-5-millones-de-euros-por-irregularidades-en-el-timesharing-/

 

Once again it is congratulations to the clients and the whole CLA team for these results, the champagne corks will certainly be pooping. If you require any information about this or any other article, contact Inside Timeshare and we will be pleased to help.

What a Week for CLA and Their Clients!

Once again those intrepid and tenacious lawyers from Canarian Legal Alliance have struck again, this week has seen another 4 victories for their clients in the Spanish lower courts and Supreme Court.

CLA Logo

The week started off with a victory at the High Court number 5 of Las Palmas, 10 October, in this ruling the court upheld recent Supreme Court rulings on contracts involving “Floating Weeks”. As these weeks are sold without a fixed date or apartment number the contract has been declared “null & void”.

The judge in this instance has ordered Anfi to return to the English client over £10,192 plus interest, they will also receive back all their legal fees.

 

In another victory this time against Club Class (Great British Marketing SL), the Court of the 1st Instance of Arona in Tenerife, 12 October,  has ordered the repayment of 13,722€ plus interest. The contract has also been declared “null & void”.

 

On 13 October CLA announced their 24th Supreme Court victory, once again it was against Anfi.              tribunal supremo

 

In this ruling the court ordered the return of 49,791€ plus interest and the return of all legal fees, they also ruled that the contract was “null & void”. Again the court reiterated its stance on the selling of “Floating Weeks” by any timeshare company as illegal. The criteria they used was that these weeks do not have a date for use or have an apartment number allocated, thereby the client is not guaranteed the holiday as they are subject to availability.

 

Then on Thursday 13 October, it was also announced that Resort Properties / Silverpoint must return over 20,000€ including interest and legal fees. The judge at the Court of 1st Instance Number 5, in Tenerife also declared that the contract was also “null & void” in accordance with all the Supreme Court rulings. So now the courts in Tenerife are following the judgements of the highest court in Spain.

 

Inside Timeshare has also had enquiries from Anfi members who have said that Anfi are contacting them and denying any court rulings having been made against them. They have even stated that no buyout by Lopesan has taken place, all this even after being plastered all over the Spanish and European press.

It must also be asked why the trade body the RDO is also taking the same stance as Anfi in regards to Supreme Court rulings?

As a trade body, they do have a duty to their members, but they also have a duty to the owners of their members products, ensuring that all laws and regulations are complied with. If the RDO had sanctioned their members in the past for disregarding the rules, then somehow I don’t think we would have the situation we see today.

So it is congratulations to the clients and the legal teams who worked so hard to achieve these results for their clients. With still over 100 cases waiting to be heard at the Supreme Court, we will see even more cases such as these in the coming months.

If you have any questions about this or any other article published, Inside Timeshare will be pleased to help. Contact us through the comments section and we will get back to you. Have a good weekend.

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