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”).

In June 2021, the presiding judge learned that due to a procedural administrative error of the Ministry of Foreign Affairs of Spain, the Republic of Cuba was not properly served with the lawsuit. As a result, the government of the Republic of Cuba and Republic of Cuba government-operated Gaviota could not respond to the lawsuit as it had not been officially served.

Thus, the 3 May 2021 order of the judge withdrawing the lawsuit for lack of inclusion of “an indispensable party” is nullified. Likewise, the plaintiff appeal to the Provincial Court is nullified.

The plaintiff must now again wait (which could take several months) for the government of Spain to officially transmit the lawsuit summons to the government of the Republic of Cuba and Republic of Cuba government-operated Gaviota. One served, the government of the Republic of Cuba and Gaviota will to decide whether or not to appear in the lawsuit against Melia Hotels International S.A.

If the government of the Republic of Cuba and Gaviota decide not to appear, the judge will again withdraw the lawsuit, plaintiffs will again appeal. If the government of the Republic of Cuba and Gaviota appear, then the case will proceed before the same judge in the same venue: Court No. 24 in Palma de Mallorca.

Links To Court Filings:

Al Juzgado De Primera Instancia Número 24 De Palma De Mallorca (11 June 2021)

Interlocutòria Nº 222/2021 (23 June 2021)

Antecedents De Fet (23 June 2021)

Links To Previous Posts:

Judge Rules Against Plaintiffs In Non-Libertad Act Title III Lawsuit Against Spain's Melia Hotels; Lawsuit Will Continue May 04, 2021

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 February 10, 2021

Court In Spain Requires Government Of Cuba And Gaviota Tourism Company Be Included In "Unjust Enrichment" Lawsuit Against Melia Hotels International January 16, 2021