We are aware of the ruling of the Supreme Court in Spain regarding the case of Anfi Sales SL v Grimsbo.
We have been in and continue to be in close touch with Anfi management and their legal advisers to ascertain the up to date position.
We understand from intensive discussions with Anfi’s legal advisers, and concur with their conclusion, that there has been a misinterpretation of the law in Spain as it applies to timeshare schemes in existence before Spain implemented the provisions of the First Timeshare Directive in 1998. We therefore believe, as does Anfi, that this case has limited applicability, as the law was further clarified in Spain in 2012, when it implemented the Second Directive and confirmed the validity of existing schemes of whatever duration – a point not considered by the Court.
RDO understands that Anfi will be pursuing all means open to it to appeal this decision and this organization will be supporting them in that and providing all assistance necessary. RDO is aware that there have been a small number of cases decided in the lower courts of Gran Canaria since then, but it believes most of those will be the subject of appeal and it is unaware of any further Supreme Court rulings at this stage.
Because of the limited applicability of this decision to its particular facts, RDO has already, and will continue to caution any timeshare owner approached by a so-called claims company offering a trouble free legal claim in Spain. RDO would urge any owner who has any concerns whatsoever in this matter, to initially contact their resort management and/or developer – failing that, RDO will be pleased to help and advise and can be contacted through firstname.lastname@example.org.