Grimsbo v Anfi -The landmark win in 2015 that reshaped Spanish Timeshare Law
- David Morley
- Oct 7
- 3 min read
Updated: Nov 3
Spain’s Supreme Court delivered a watershed ruling on 15 January 2015 in the case of Anfi Sales S.L. v. Mrs. Tove Grimsbo. This ruling declared her Anfi contract null and void, ordering a refund. It was the Spanish Supreme Court’s first-ever timeshare judgment and set the template for thousands of later claims.
What Happened and When?
Mrs. Grimsbo, a Norwegian owner, signed at Anfi (Gran Canaria) in the early 2000s. The dispute worked its way through the courts for several years. It culminated at the Supreme Court in January 2015, with notification and public reporting of the decision in March and April 2015. Contemporary coverage records that the Court upheld the lower court's decision. They ordered Anfi to pay back what she had paid, including interest and legal fees.
What Laws Applied?
At the time of sale, Spain’s Law 42/1998 (effective 5 January 1999) governed timeshare agreements. Key consumer protections included:
A cooling-off period, during which no money or finance can be taken.
A maximum term (no “in-perpetuity” contracts).
In 2012, Spain aligned with EU updates that extended the cooling-off period to 14 days.
Why Did the Claim Succeed?
The Supreme Court held that Grimsbo’s Anfi contract breached Law 42/1998. It did not have a lawful, fixed duration, effectively making it an in-perpetuity arrangement. That defect alone rendered the contract void. The Court also confirmed the long-standing rule that any payment taken within the cooling-off period is illegal. This point would later underpin many awards of double the amount taken during cooling-off in subsequent cases.
What Was Awarded?
Reports at the time stated that Anfi was ordered to refund more than €40,000 to Mrs. Grimsbo. This amount included the original purchase price, maintenance fees, interest, and legal costs. That figure became widely cited in the industry as the benchmark outcome from the Supreme Court’s first timeshare case.
What Precedent Did It Set?
Grimsbo v. Anfi established binding Supreme Court doctrine that has since been repeatedly followed:
Perpetuity is unlawful: Contracts signed after 5 January 1999 must have a lawful, limited term; “in-perpetuity” contracts are null and void.
No payments during cooling-off: Taking any money or arranging finance within the cooling-off period is illegal. This exposes the seller to enhanced refunds.
Catalyst for further rulings: The 2015 judgment triggered a wave of consistent Supreme Court decisions between 2015 and 2020. These decisions extended protection to owners with floating weeks or points where key specifics (e.g., unit/week) were missing.
Why This Matters for Owners
If you bought a Spanish timeshare after 5 January 1999, have a contract that runs for over 50 years, or is open-ended or perpetual, this ruling is directly relevant to you. Additionally, if you paid any money during the cooling-off period or have a Floating Weeks or ‘Points’ contract that does not specify a unit or week, you may be affected.
Many owners have since recovered purchase sums, maintenance fees, interest, and costs—especially where sellers broke these core rules.
Understanding Your Rights
It is crucial for timeshare owners to understand their rights. The Grimsbo v. Anfi case serves as a powerful reminder of the protections available under Spanish law. If you believe your contract could be void and refundable, it is essential to seek professional advice.
Our specialist team can review your paperwork and advise on the next steps. See your options here or call us on 01628 290499.
Conclusion
The ruling in Grimsbo v. Anfi has had a lasting impact on the timeshare industry in Spain. It has empowered many owners to challenge unlawful contracts and seek refunds. If you find yourself in a similar situation, do not hesitate to reach out for assistance. Understanding your rights can lead to significant financial recovery.
By staying informed and proactive, you can navigate the complexities of timeshare ownership with confidence.
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