Spanish Supreme Court Ruling – The Timeshare Industry View

 

The Resort Development Organisation (RDO) published an update on its interpretation of the rulings from the Spanish Supreme Court that have resulted in a raft of litigation. The RDO represents many of the major timeshare developers in Spain including ‘Anfi’ - one of the parties to cases that went to the Spanish Supreme Court.
 
What does RDO have to say about the decision?
 
Their update warns consumers against bringing claims.
 
On reading the RDO blog it appears that they are saying that the decisions of the Supreme Court are “fully respected” and timeshare consumers will be refunded accordingly, save that an offset will be applied to take into account the perceived value of the timeshare ownership to the consumer and that offset (conveniently some may say) exceeds what they have to pay the consumer.
 
In other words, the decision is respected, and ‘Anfi’ will pay but will not actually part with any money….
 
Reading on, I was curious as to the legal basis for this interpretation of the law in Spain. Has there been another Supreme Court decision we are not aware of? Has the Spanish legislature passed a new statute that effectively overrules the Supreme Court?  Is there a High Court decision in Spain that is perhaps working its way through the appeals courts?
 
“No” is the answer, or at least such developments have not been disclosed by RDO and/or Anfi.
 
If there have been such developments I am sure all would be grateful for some transparency so that clients can be fully advised. I would have thought that there is a commercial interest in sharing such updates not only with its resort members, but also with consumers, so that they can make an informed decision in this area. On reading the RDO update, it appears that ‘Anfi’s’ legal argument appears to be based on reported conversations between ‘Anfi’ and their local Land Registry. In my opinion it would be surprising if the opinion of a local ‘Land Registry’ officer can overrule the Spanish Supreme Court.