This judgment was issued by Court No. 3 of Granadilla de Abona and it declares the nullity of the contracts signed by my clients with the developers and management companies of the "Fairways Club" …Read More
It is a judgment of the Court of First Instance No. 1 of Maspalomas. This Court, together with No. 5, are the only two who are not holding Trials because they do not consider the interrogation of my clients necessary, so they issue a judgment directly after the Preliminary Hearing ("Audiencia Previa")Read More
This is a Court of First Instance judgement. It was issued last year, in June. Now is on appeal by Anfi. This second stage may take another year and a half or even two, depending very much in which Court of Appeals and Room deals with the case.Read More
Court of First Instance num. 3 of Arona.
Ordinary Proceedings 367/2015.
Your honor, Dña. María de los Angles Antón Padilla, declared the contract signed between my client and Silverpoint null and void because there were no reference to its termination date and the object had not been described as article 9.1.3 of Law 42/98 requires.Read More
I have recently come across this article, written by professor Joaquín J. Forner that published in the International Company and Commercial Law Review, 2015 [Sent September 2015]. For its undoubted interest I reproduce it below:
"Nullity of Contracts. Timesharing. Inter Temporal Law. Norwegian Claimant. Spanish Supreme Court, Civil Division. Judgement of 15 January 2015 (74/2014) (XV. ANFI SALES, SL) by Joaquin-J Forner.Read More
Your honor, Dña. Etelvina López Jiménez, declared the contract signed between my client and Silverpoint null and void because there were no reference to its termination date and the object had not been described as article 9.1.3 of Law 42/98 requires. The client is considered a consumer and is granted the return of all the money paid for the signing of the contract as well as the amounts received on the same day of signing. Surprisingly is not awarded legal costs. This concrete legal aspect will be appealed in due course.Read More
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.Read More