Club la Costa in an attempt to circumvent Spanish Timeshare Laws have used UK limited companies on their contracts, then argued that the Spanish courts do not have jurisdiction as it is a UK limited company and subject to the laws of the United Kingdom.
The Court of First Instance of Fuengirola agreed with this assumption along with the Procurator Fiscal and duly refused to accept the case filed on behalf of a UK client by CLA.
The CLA Lawyers vehemently challenged this argument during the First Instance hearing, they then urged our clients to appeal the decision to the High Court of Malaga. The decision was duly appealed and the High Court of Malaga agreed that the case should be heard in a Spanish Court which did have Jurisdiction. It turns out that the State Attorney also presented a report which clearly backed up our lawyer’s claim and the decision of the High Court.
This is a resounding success as many timeshare companies have used this to avoid the strict timeshare laws currently in force in Spain. This does open the door for the presentation of more cases of illegal contracts to be heard by Spanish Courts.
It must also be pointed out that Club la Costa is also a member of the RDO (Resorts Development Organisation) which is the Trade Body representing Timeshare in Europe. Being members they must abide by the “Code of Conduct” which clearly state in paragraph 3.5 “To comply with all laws, which apply to Member’s, business in the jurisdiction in which the Member operates.”
It does appear that Club la Costa is also not abiding by their terms of membership to this organisation.
So, congratulations to the legal team for all their efforts and hard work and we hope that our client has their case resolved in the near future.