The judgment has date of 21st february 2013 and was notified to my colleague, Miguel Rodríguez with whom I have collaborated during the last three years on Timeshare cases, on the 8th of March.
It basically says the same as in its previous judgement of 28 september 2012, where the Court of Appeal considered null and void the contracts, based on numerous breaches of the Law 42/98 such as selling weeks in perpetuity. It considered the contract totally and absolutely null, not subject to prescription. There were two contracts involved in this proceeding, one of 7 dicember 2000 and other of 28 de marzo 2001. Now Anfi will have to return the money to the clients around 18.600,00 pounds plus the solicitors fees.
Another very interesting legal issue is that this judgment, again as did in judgments of 28 Sept and 19 Oct 2012, clearly states that is ilegal to receive any anticipated money, not only during the 10 days' cooling off period, but during the three months referred to by article 11 of Law 42/98. This money cannot, under any circumstances, be received by means of a Trustee. This was what Anfi used to do using "Continental Trustees Limited" until the new Spanish Timeshare Law came into effect last March 2012, and the ban was already undisputable.
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