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 MoreThere have been a few rulings recently from the Supreme Court, seven after the summer break against in which Clubs, such as Anfi, Puerto Calma or Palm Oasis, have been condemned to return to their clients certain amounts they paid, declaring their contracts ...
Read MoreToday 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:
Read MoreThe 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.
Read MoreThe Supreme Court in Spain has declared, in an unprecedented decision, that any contract signed in perpetuity should be considered null and void. The contract had to be signed after the entrance into effect of Law 42/98 (that was the 5th of January 1999)...
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