Cuatrecasas advises Club La Costa and Diamond Resorts on procedural strategy before the CJEU

Cuatrecasas has advised Club La Costa and Diamond Resorts in two preliminary rulings, both dated September 14, 2023, which confirm the theses defended before the Court of Justice of the European Union by the Firm’s Cassation and Special Appeals Group for the interpretation of the Rome I and Brussels I bis Regulations.

Furthermore, these rulings provide full support to the contractual and procedural strategy of both companies to submit disputes over their time sharing contracts to English law and also, to a large extent, to the English courts.

Until now, the thesis upheld by the Provincial Courts, mainly in Malaga and Tenerife, was the opposite and, as a consequence, the contracts which, under English law, are valid, were systematically declared null and void.

The Cuatrecasas team in charge of advising on this matter was formed by José María Macías, Markus Gómez and Álvaro Luna.

Julia Gil