In Lawsuit Filed In Spain Against Melia Hotels, Plaintiff Argues That Government Of Cuba Is Not Required To Be A Defendant; Melia Hotels Says Otherwise

On 29 May 2019, descendants of Mr. Rafael Lucas Sanchez Hill, acting as Central Santa Lucia L.C., filed a lawsuit in Spain seeking US$10 million from Palma de Mallorca, Spain-based Melia Hotels International S.A. (2019 revenues approximately US$2 billion) seeking damages for the use of land upon which a hotel is located in the Republic of Cuba. The lawsuit is not using provisions of Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”).  

On 11 January 2021, the judge ordered the inclusion of the government of the Republic of Cuba and Gaviota S.A., but not Gesmesol S.A.  Plaintiff attorneys objected as the complaint alleges “unjust enrichment” only against Melia Hotels International S.A.  Plaintiff attorneys did not appeal the order to avoid the risk of a dismissal.  Plaintiff attorneys are serving the government of the Republic of Cuba and Gaviota S.A. through the required diplomatic channels.  The government of the Republic of Cuba may claim sovereign immunity, but Gaviota S.A. is subject to the jurisdiction of the court.  The government of the Republic of Cuba and Gaviota S.A. are not subject to plaintiff claim of “unjust enrichment,” but are deemed necessary parties by the judge since they are responsible for the initial expropriation and current operation of property of plaintiff.  

On 10 February 2021, Central Santa Lucia L.C. filed its response to the court.  The focus of the response was the government of the Republic of Cuba may only be added as a defendant if the government of the Republic of Cuba consents to being a defendant; the plaintiff does not believe the government of the Republic of Cuba needs to be a defendant while Melia Hotels International S.A. believes that the government of the Republic of Cuba should be a defendant.   

LINK To Court Filing By Central Santa Lucia L.C. (2/10/2012)

LINK To Court Filing By Melia Hotels International, S.A. (1/28/2021)

LINK To Previous Post: Court In Spain Requires Government Of Cuba And Gaviota Tourism Company Be Included In "Unjust Enrichment" Lawsuit Against Melia Hotels International (16 January 2021)