HIGH COURT RESOLVES CONTRADICTORY RULING
The High Court N5 of Las Palmas, Gran Canaria has revoked a First Instance Court ruling which stated that all timeshare contracts signed between 1999 & 2001, are not subject to the Spanish Timeshare Law 42/98 due to a period of adaptation.
By issuing this sentence the High Court is reaffirming the over 130 Supreme Court sentences, condemning the judges from the First Instance Courts who are blatantly ignoring the highest-ranking court in Spain.
Anfi Resorts had continuously argued that once the Spanish Timeshare Act came into force a transition period took place, where it allowed them to continue selling the now declared unlawful practices.
Rather incredibility the First Instance Courts accepted this argument, leading Canarian Legal Alliance to present an appeal to the High Court, which as expected turned out to be favourable.
On top of this, the High Court also reaffirmed its stance on illegal deposit taking, condemning Anfi to refund their clients those monies paid during the reflection period in double.
Whilst it is important to know that said interpretation is only made by a minority of the First Instance judges. That being said not only does this ruling reinforce the current law, but it also benefits future clients whose case has been or could be affected by this frankly ridiculous interpretation.