As I mentioned in my social networks, on Wednesday morning I had a trial in which I requested the nullity of a contract of Club La Pinta. The defendant companies were International Holidayway Marketing, S.L., Las Vistas Marketing, S.L. and Telpar Ventures, Inc. These contracts are substantially void because:
Read MoreANFI. Court nº 3 declares contract null and void, returns anticipated monies, and condemns in costs and interests.
I received this sentence some time ago, in fact it is now on appeal pending, since last September 23, 2019, that the Court of Appeals set a date for the Deliberation, Voting and Judgment.
Read MoreANFI. New ruling of the Court nº 3 declaring contracts null and void.
As on other occasions sometimes happens that there are Courts in Maspalomas that, despite declaring contracts null and void, do not recognize the right to also receive the unduly advanced money. This then is grounds for appeal and the Court of Appeals rectifies this error and grants them (as can be seen in the following post).
FAIRWAYS CLUB contracts' also declared null and void!
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 MoreANFI condemned by Court nº 1. Floating Contract and return of 9,526 pounds.
This is the judgment that I mentioned yesterday on my Social Networks (Facebook, Twitter and LinkedIn, where you can also follow my updates quicker).
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 MoreANFI defeated in Court nº 3. Purchase price and advances to be returned
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 MoreCourt Victory against Silverpoint Vacations, S.L. (2)
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 MoreInteresting article on Supreme Court ruling No. 74/2015 of 15 January on perpetual clauses against Anfi's contracts.
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 MoreCourt victory against Silverpoint Vacations, S.L (1)
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 MoreSilverpoint. 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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