The Supreme Court has decided to intervene in one of the longest-running legal battles in southern Gran Canaria. In a ruling issued on December 17, 2025, which Maspalomas24H has obtained, the Civil Chamber admitted the appeal (1866/2024) filed by Anfi Sales SL and Anfi Resorts SL against a judgment of the Provincial Court of Las Palmas. The case, which originated in the Court of First Instance No. 5 of San Bartolomé de Tirajana, centers on the absolute nullity of a timeshare contract signed in October 2014. The Canary Islands court not only annulled the contract but also ordered the company to reimburse £9.360 for prohibited advance payments, deducting only a small fraction for the stays actually used.
The technical debate that Judge Ignacio Sancho Gargallo must now resolve revolves around the "floating category." According to previous rulings, these contracts are null and void because they lack a specific object: the client buys the right to a stay, but does not know exactly which unit or on what exact date, which current jurisprudence considers a lack of transparency and clarity. However, the industry giant Anfi argues that its model is protected by Law 4/2012, especially when it comes to arrangements established before the restrictive 1998 law.
The acceptance of the appeal is a lifeline for Anfi, which argues that there has been a violation of the Sole Transitional Provision of Law 4/2012. According to the group's companies, the interpretation by the Canary Islands courts has been "excessively strict," penalizing modern contracts linked to structures that were legal at the time. If the Supreme Court decides that the subject matter of these contracts is indeed sufficiently defined under the 2012 regulations, Anfi could stem the avalanche of lawsuits that have led the company to a situation of extreme financial strain in recent years.
This ruling is not merely a formality; it is the prelude to a judgment that will establish a precedent on regulations where, according to the Supreme Court itself, "no clear case law exists" to date. The potential impact is massive for owners: A victory for Anfi would close the door on thousands of claims from British and Scandinavian tourists seeking to recover their investment by alleging nullity. For the sector: It would validate the "floating" model as a flexible and legal option, stabilizing investor confidence in the timeshare sector. For the courts: It would unclog the courts of San Bartolomé de Tirajana, which are overwhelmed with ordinary lawsuits related to timeshare contracts.
The Supreme Court has opened a twenty-day period for the opposing party to formalize its response. At stake is not only the £17.000 in this specific case, but also the validity of a system that underpins much of the accommodation offering in southwest Gran Canaria. In 2026, when the island aims to position itself as a destination of innovation and sustainability, this "ghost" of the 2014 contracts remains the main headache for the legal departments of the large resorts.
