ANFI 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 More

Interesting 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 More

More about Spanish Supreme Court's decision declaring Timeshare Contracts in Perpetuity NULL & VOID

The 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 More

Are you an Anfi Member? Have you paid any money within the following three months of signing the Contract?

Perhaps you might be interested to know that the Las Palmas Court of Appeal, Section 5,  has stated on multiple judgments that any advanced payment done before the end of the cooling off period involves the payment of twice the amount paid, if the contract is declared null . If it is not, the refunded amount will be exactly the same that was paid in advance.

Read More