Silverpoint. Second Supreme Court ruling, nº 19/2017

STS no. 19 of 17-01-2017. Appeal no. 3064-2014, on Perpetuity, Trade Ins, Trans amount and maintenance quotas.

Sentence nº 19/2017 has been Supreme Court's second sentence and has very little to do with the previous one, number 16/17, since it doesn't deal with Club Paradiso or address to the issue of whether buyers are investors or consumers. This ruling examines a Hollywood Mirage Club contract and the main issues are: perpetuity, amounts brought from other contracts (Trade In), amounts brought from previous contracts (Trans amounts) and maintenance fees.

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Silverpoint and the recent Supreme Court rulings, nº 16/2017

STS no. 16 of 16-01-2017. Appeal no. 2718-2014, on Club Paradiso and investment schemes.

The first judgment of the Supreme Court has proved to be a real surprise for many, although expected by others (among which I include myself). There have been many proceedings before the Courts of First Instance and the Provincial Court of Santa Cruz de Tenerife (now onwards, Court of Appeal or just CoA) against the group of companies headed by

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Breaking news! The Supreme Court has declared a Club Paradiso contract null and void

Yes, the Supreme Court has declared that the Vacation Club known as Club Paradiso was not really a club of that kind and that was really timeshare, consequently and not complying with Law 42/98 had to declare the contract null and void. More news once I manage to read the full decision.

Here is the news (in Spanish): 

http://www.cuatro.com/noticias/espana/Supremo-cliente-vacaciones-contrato-infringia_0_2309475741.html

More info in this web here

Floating Contracts also considered null and void by the Supreme Court!!

Today I've learned of a new Supreme Court ruling that may be of great importance for many timeshare consumers.

The judgment was issued on the 15th of January 2015 with number 830/2015, cassation appeal number 3190/2012, and studies the case of a floating contract.

It says in its "Fundamento de Derecho Cuarto" the following:

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More about Spanish Supreme Court's decision declaring Timeshare Contracts in Perpetuity NULL & VOID

The importance of this Supreme Court decision is HUGE. In Spain access to the Supreme Court is very very limited. Only claims for more than 600.000 euros may have access. In other cases for the claimant to have access, he/she needs to show that there is real legal interest, for instance, that there is a real need of a unified interpretation about a controversial legal point that perhaps has been decided in different ways before. In this case the Supreme Court judgements have the effect to interpret the law and how has to be applied by the other Courts (First Instance courts and Courts of Appeal, etc). The Supreme Court has pointed the way that has to be followed by lower courts.

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Are you an Anfi Member? Have you paid any money within the following three months of signing the Contract?

Perhaps you might be interested to know that the Las Palmas Court of Appeal, Section 5,  has stated on multiple judgments that any advanced payment done before the end of the cooling off period involves the payment of twice the amount paid, if the contract is declared null . If it is not, the refunded amount will be exactly the same that was paid in advance.

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