The legal conflict surrounding timeshare, or the right to use real estate on a rotating basis, has returned to the forefront of high-stakes finance. The Civil Chamber of the Supreme Court has issued an order granting a procedural lifeline to Anfi Sales, SL and Anfi Resorts, SL, flagship companies in the holiday rental business in southern Gran Canaria. The ruling, authored by Justice Nuria Auxiliadora Orellana Cano, agrees to review on appeal the decision of the Provincial Court of Las Palmas, which declared the absolute nullity of a tourist exploitation contract marketed under the floating week model.
The Admissions Section's ruling temporarily weakens the string of legal setbacks suffered by tourism companies in the Maspalomas region at the regional level. The original litigation began in the Court of First Instance No. 2 of San Bartolomé de Tirajana following a lawsuit filed by two private buyers in 2019. The Third Section of the Provincial Court upheld the invalidity of the purchase agreement, signed on July 22, 2013, penalizing the lack of physical specification of the property, as the clauses only mentioned an unspecified "floating" suite, a room, and a standard reservation system for four occupants.
The Supreme Court acknowledges the need to clarify the application of consumer protection regulations to a business model that generates millions of euros in hotel stays in the archipelago. The companies of the Anfi Group argue in their appeal that the Sole Transitional Provision of Law 4/2012 has been violated, alleging a breach of established case law regarding contracts linked to tourist resorts established before the pioneering 1998 Law. The defense maintains the validity of floating weeks in historic resorts in the south of the islands, relying on Article 1273 of the Civil Code to defend the sufficiency of the criteria used to determine the contracted accommodation service.
The court deems it justified to rule on the merits of the case with the explicit objective of refining, clarifying, or confirming its own legal doctrine, recently modified in the judgments of September 2025. Judges Ignacio Sancho Gargallo and Manuel Almenar Belenguer endorse a provisional admission that opens a twenty-day period for the legal representatives of the affected consumers to file their response in Madrid. The outcome of this appeal will determine the financial course of the timeshare claims pending resolution in the courts of the San Bartolomé de Tirajana judicial district, thus determining the economic viability of the floating-use contracts signed during the last decade.
