RDO Statement: Spanish Supreme Court Rulings in Ortiz and Herz – A New Era for European Timeshare
The Spanish Supreme Court’s landmark judgments delivered on 30 October 2025, represent a decisive turning point for the European timeshare industry. After a prolonged period of uncertainty, the Supreme Court has issued clear guidance: contracts relating to pre-42/98 Spanish Law timeshare schemes, whether exceeding 50 years in duration or involving floating interests (with adequate reservation procedures), are not automatically null and void. The key requirement is that these schemes must be properly adapted and registered through a deed of adaptation at the Land Registry.
This is more than a technical clarification; it is a strategic intervention by the Supreme Court, delivered in a Plenary Session of the Civil Chamber, to address excessive litigation and widespread confusion affecting both businesses and consumers. Timeshare developers who have formally adapted their pre-42/98 schemes can maintain their original structures, including floating weeks and long-term contracts. This ensures legal certainty; preserves acquired rights and maintains essential flexibility for all parties.
The Supreme Court’s unequivocal and binding position is expected to bring an end to nullity decisions by the courts which are based solely on contact duration or floating arrangements. For developers and resort operators, this provides much-needed confidence and a stable legal foundation for future planning.
Consumers benefit from enhanced clarity and stability. By emphasising transparency and clear contract terms, the Supreme Court safeguards the interests of timeshare owners and acknowledges the growing demand for flexible options in the industry. The new legal framework, reflected in the Supreme Court’s new doctrine, supports the evolution of timeshare products to better reflect market trends, while upholding essential consumer protections.
RDO welcomes this new era of clarity and opportunity for the timeshare community. We encourage all members to consult their advisors regarding the impact of these rulings on ongoing cases and their business operations. With the Supreme Court’s position now settled, the industry is well placed to focus on innovation and excellence for timeshare owners.
For further reading, visit the following article: https://www.iberley.es/noticias/el-ts-avala-validez-multipropiedad-semanas-flotantes-35658
