Newsletter – February 2023

case-legal19

Newsletter-mgra-advogados-fevereiro-2023

I. EDITORIAL – RULES FOR THE IMPLEMENTATION OF THE STATE BUDGET FOR 2023; DEFINITION AND REGULATION OF THE TERMS AND CONDITIONS FOR GRANTING SUPPORT TO FAMILIES

The month of February was marked, at the legislative level, by the publication of the Decree-Law no. 10/2023, of February 08, which establishes rules for the implementation of the State Budget for 2023 and the publication of the Ordinance no. 48/2023, of February 15, which defines and regulates the terms and conditions for granting support to families.

Also noteworthy, at the legislative level, are:

  • The Ordinance no. 45-A/2023, of February 10, which establishes financial support of a complementary, exceptional and temporary nature, through the attribution of an allowance of an eventual nature;
  • The Rectification Declaration no. 7/2023, of February 15, which rectifies Law no. 24-D/2022, of December 30, approving the State Budget for 2023;
  • The Law no. 7/2023, of February 27, which authorises the Government to legislate on copyright and related rights applicable to certain online transmissions, transposing Directive (EU) 2019/789, of the European Parliament and of the Council, of April 17 of 2019;
  • The Ordinance no. 54-R/2023, of February 28, which proceeds to the second amendment to Ordinance no. 7/2022, of January 04, which regulates the conditions of publicity of working hours and the way of recording the respective working times.

In the field of case-law, it is worth mentioning the Judgment of the Constitutional Court no. 60/2023, of February 27, in which it was decided “(…) not to rule on the unconstitutionality of the rules of Decree no. 30/XV of the Republic Assembly, published in the Diário da Assembleia da República, II Série – A, number 151 – Supplement, of January 23 of 2023, and sent to the President of the Republic for promulgation as law, which proceeds to amend Law no. 2/2013, of January 10, which establishes the legal regime for the creation, organisation and functioning of public professional associations, contained:

a) In article 2.º, in the part in which it amends:

– The no. 9 of article 8.º of Law no. 2/2013, of January 10;

– The paragraph e) of no. 2 of Article 15.º of Law no. 2/2013, of January 10;

– The paragraph a) of no. 2 of Article 19.º of Law no. 2/2013, of January 10;

– The article 20.º of Law no. 2/2013, of January 10;

b) In article 3.º, in the part that adds article 15.º-A to Law no. 2/2013, of January 10.”.

Finally in Miscellaneous, worthy of note are the approval of the set of measures that intend to materialise the aim of having a habitation stock capable of guaranteeing decent habitation to the entire population through the balance between a structural reform, based on the promotion of new public habitation responses and on the qualification of those that already exist, and a conjunctural response that allows more immediate responses to deal with the urgency of ensuring access to decent and adequate habitation to the income and size of different family units.

II. LEGISLATION

Rectification Declaration no. 5/2023, of February 02: Rectifies Decree-Law no. 82/2022, of December 06, which transposes Directive (EU) 2019/882, on accessibility requirements for products and services.

https://files.dre.pt/1s/2023/02/02400/0000200003.pdf

Ordinance no. 38-A/2023, of February 02: Establishes the terms and conditions under which the inter-institutional articulation is carried out, for the purpose of referral and monitoring of people who, for social reasons, remain hospitalised after clinical discharge, in a National Health Service (NHS) hospital, through the use of temporary and transitional accommodation in a social response.

https://files.dre.pt/1s/2023/02/02401/0000200006.pdf

Ordinance no. 38-B/2023, of February 03: It suspends the updating of the tax on the addition of CO2 emissions.

https://files.dre.pt/1s/2023/02/02501/0000500005.pdf

Ordinance no. 38-C/2023, of February 03: Review and setting of the rates of tax on petroleum and energy products.

https://files.dre.pt/1s/2023/02/02501/0000600007.pdf

Rectification Declaration no. 6-A/2023, of February 07: Rectifies Law no. 23-A/2022, of December 09, which transposes Directive (EU) 2019/878, on access to banking activity and prudential supervision, and Directive (EU) 2019/879, on the recovery and resolution of credit institutions and investment firms, amending the Legal Framework of Credit Institutions and Financial Companies, the Securities Code and related legislation.

https://files.dre.pt/1s/2023/02/02701/0000200003.pdf

Decree-Law no. 10/2023, of February 08: Establishes rules for the implementation of the State Budget for 2023.

https://files.dre.pt/1s/2023/02/02800/0000200086.pdf

Decree-Law no. 11/2023, of February 10: It proceeds with the reform and simplification of environmental licensing.

https://files.dre.pt/1s/2023/02/03000/0000300192.pdf

Ordinance no. 45-A/2023, of February 10: Establishes financial support of a complementary, exceptional and temporary nature, through the attribution of an allowance of an eventual nature.

https://files.dre.pt/1s/2023/02/03001/0000400005.pdf

Rectification Declaration no. 7/2023, of February 15: Rectifies Law no. 24-D/2022, of December 30, approving the State Budget for 2023;

https://files.dre.pt/1s/2023/02/03300/0000300004.pdf

Ordinance no. 47/2023, of February 15: Approves the models for the forms to be used for complying with the reporting obligation laid down in no. 1 of article 57.º of the IRS Code and the respective instructions for filling them.

https://files.dre.pt/1s/2023/02/03300/0000800172.pdf

Ordinance no. 48/2023, of February 15: Defines and regulates the terms and conditions for granting support to families.

https://files.dre.pt/1s/2023/02/03300/0017300182.pdf

Ordinance no. 53/2023, of February 23: Amends the regulations of the Public Capitalisation Regime.

https://files.dre.pt/1s/2023/02/03900/0000200003.pdf

Decree-Law no. 15/2023, of February 24: Amends the remuneration regime applicable to supplementary work performed by doctors in emergency services.

https://files.dre.pt/1s/2023/02/04000/0003100033.pdf

Law no. 7/2023, of February 27: Authorises the Government to legislate on copyright and related rights applicable to certain online transmissions, transposing Directive (EU) 2019/789, of the European Parliament and of the Council, of April 17 of 2019.

https://files.dre.pt/1s/2023/02/04100/0000200003.pdf

Ordinance no. 54-R/2023, of February 28: Proceeds to the second amendment to Ordinance no. 7/2022, of January 04, which regulates the conditions of publicity of working hours and the way of recording the respective working times.

https://files.dre.pt/1s/2023/02/04201/0000200004.pdf

III. CASE-LAW

III.1. Court of Justice of the European Union

Judgment of the Court of Justice (Tenth Chamber), of February 16, Case C-710/21: Reference for a preliminary ruling. Social policy. Protection of employees in the event of the insolvency of their employer. Directive 2008/94/EC. Article 9(1). Undertaking that has its registered office in one Member State and offers its services in another Member State. Worker whose place of residence is in that other Member State. Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides. Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims.

Summary:

“Article 9(1) of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer must be interpreted as meaning that in order to determine which Member State’s guarantee institution is responsible for meeting employees’ outstanding claims, it must be considered that an employer in a state of insolvency does not carry out activities in the territories of at least two Member States, within the meaning of that provision, where the employment contract of the worker in question provides that his or her primary and habitual place of employment is in the territory of the Member State in which the employer has its registered office, but during an equal proportion of his or her working time that worker performs his or her duties remotely from another Member State where his or her main place of residence is situated.”.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CJ0710

Judgment of the Court of Justice (Third Chamber), of February 09, Case C-555/21: Reference for a preliminary ruling. Consumer protection. Directive 2014/17/EU. Credit agreements for consumers relating to residential immovable property. Article 25(1). Early repayment. Consumer’s right to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract. Article 4(13). Concept of ‘total cost of the credit to the consumer’. Costs that are independent of the duration of the agreement.

Summary:

Article 25(1) of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 must be interpreted as not precluding national legislation which provides that the consumer’s right to a reduction in the total cost of the credit in the event of early repayment of that credit includes only interest and costs which are dependent on the duration of the contract.”.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CJ0555

Judgment of the Court of Justice (Third Chamber), of February 16, Case C-707/20: Reference for a preliminary ruling. Direct taxation. Corporate income tax. Articles 49, 63 and 64 TFEU. Freedom of establishment. Free movement of capital. Disposal of assets within a group of companies. Company resident for tax purposes in one Member State having a parent company resident for tax purposes in another Member State and a sister company resident for tax purposes in a third country. Disposal of intellectual property rights of the company resident for tax purposes in a Member State to its sister company resident for tax purposes in a third country. Disposal by the company resident for tax purposes in a Member State of shares in one of its subsidiaries to its parent company resident for tax purposes in another Member State. Consideration equal to the market value of the assets transferred. Exemption from tax or imposition of tax depending on the State in which the beneficiary company has its seat.

Summary:

1) Article 63 TFEU must be interpreted as meaning that national legislation which applies only to groups of companies does not fall within its scope.

2) Article 49 TFEU must be interpreted as meaning that national legislation which imposes an immediate tax charge on a disposal of assets from a company which is resident for tax purposes in a Member State to a sister company which is resident for tax purposes in a third country and which does not carry on a trade in that Member State through a permanent establishment, where both of those companies are subsidiaries wholly owned by a common parent which is resident for tax purposes in another Member State, does not constitute a restriction on the freedom of establishment, within the meaning of Article 49 TFEU, of that parent company, in circumstances where such a disposal would be made on a tax-neutral basis if the sister company were also resident in the first Member State or carried on a trade there through a permanent establishment.

3) Article 49 TFEU must be interpreted as meaning that a restriction of the right to freedom of establishment resulting from the difference in treatment between national and cross-border disposals of assets for consideration within a group of companies under national legislation which imposes an immediate tax charge on a disposal of assets by a company resident for tax purposes in a Member State may, in principle, be justified by the need to maintain a balanced allocation of the power to impose taxes between the Member States, without it being necessary to provide for the possibility of deferring payment of the charge in order to guarantee the proportionality of that restriction, where the taxpayer concerned has obtained, by way of consideration for the disposal of the assets, an amount equal to the full market value of those assets.”.

https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62020CJ0707

Judgment of the Court of Justice (Third Chamber), of February 26, Case no. C-349/21: Reference for a preliminary ruling. Telecommunications sector. Processing of personal data and the protection of privacy. Directive 2002/58/EC. Article 15(1). Limitation of the confidentiality of electronic communications. Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence. Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons. Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union. Obligation to state reasons.

Summary:

“Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) read in the light of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union,

is to be interpreted as meaning that it does not preclude a national practice under which judicial decisions authorising the use of special investigative methods following a reasoned and detailed application from the criminal authorities, are drawn up by means of a pre-drafted text which does not contain individualised reasons, but which merely states, in addition to the validity period of the authorisation, that the requirements laid down by the legislation to which those decisions refer have been complied with, provided that the precise reasons why the court with jurisdiction considered that the legal requirements had been complied with, in the light of the factual and legal circumstances characterising the case in question, can be easily and unambiguously inferred from a cross-reading of the decision and the application for authorisation, the latter of which must be made accessible, after the authorisation has been given, to the person against whom the use of special investigative methods has been authorised.”.

https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62021CJ0349

Judgment of the Court of Justice (Second Chamber), of February 26, Case no. C-312/21: Reference for a preliminary ruling. Competition. Compensation for harm caused by a practice prohibited under Article 101(1) TFEU. Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA). National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct. Procedural autonomy of the Member States. Principles of effectiveness and equivalence. Directive 2014/104/EU. Objectives and overall balance. Article 3. Right to full compensation for the harm suffered. Article 11(1). Joint and several liability of the undertakings that infringe competition law. Article 17(1). Possibility for national courts to estimate the harm. Conditions. Impossibility or unreasonable difficulties in quantifying harm. Article 22. Temporal application.

Summary:

“1) Article 101 TFEU and Article 3(1) and (2) of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union must be interpreted as meaning that they do not preclude a national rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party and each party bears half of the common costs, except in cases of wrongful conduct.

2) Article 17(1) of Directive 2014/104 must be interpreted as meaning that neither the fact that the defendant in an action falling within the scope of that directive has made available to the claimant the data on which it relied in order to refute the expert report of the latter nor the fact that the claimant has addressed its request to merely one of the infringers are not, in themselves, relevant for the purposes of assessing whether it is permissible for the national courts to undertake an estimation of the harm, that estimation being based on the premiss, first, that the existence of that harm has been established and, second, that it is practically impossible or excessively difficult to quantify it with precision, which involves taking into consideration all the parameters leading to such a finding and, in particular, the unsuccessful nature of steps such as the request to disclose evidence laid down in Article 5 of that directive.”

https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62021CJ0312

III.2. Constitutional Court

Judgment of the Constitutional Court no. 60/2023, of February 27, Case no. 109/2023:

For the reasons stated, the Constitutional Court decides not to rule on the unconstitutionality of the rules of Decree no. 30/XV of the Republic Assembly, published in the Diário da Assembleia da República, II Série – A, number 151 – Supplement, of January 23, 2023, and sent to the President of the Republic for promulgation as law, which proceeds to amend Law no. 2/2013, of January 10, which establishes the legal regime for the creation, organization and operation of professional public associations, contained:

a) In article 2.º, in the part in which it amends:

– The no. 9 of article 8.º of Law no. 2/2013, of January 10;

– The paragraph e) of no. 2 of Article 15.º of Law no. 2/2013, of January 10;

– The paragraph a) of no. 2 of Article 19.º of Law no. 2/2013, of January 10;

– The article 20.º of Law no. 2/2013, of January 10;

(b) In article 3.º, in the part that adds article 15.º-A to Law no. 2/2013, of January 10.”

http://www.tribunalconstitucional.pt/tc/acordaos/20230060.html

III.3. Judicial Courts

Judgment of the Supreme Court of Justice, of February 15, Case no.  721/17.9T8GMR-H.G2.G1.S1: Sale and Acquisition. Transmission of Property. Shares. Transferable Securities. Formalities. Written Document. Registration. Intermediary. Seizure. Insolvent Estate. Restitution of Assets. Insolvency.

Summary:

I – The contract for the purchase and sale of registered shares is only perfect, transferring the ownership of such assets, when the entity responsible has duly complied with the formalities especially required by article 102, no. 1 of the Securities Code, specifically when there is a written statement of transfer registered in the instrument, in favour of the transferor, followed by registration with the issuer or with a financial intermediary that represents the issuer, i.e., the so-called mode.

II – Without such essential formalities, legally established by the special legislation that legally regulates the securities regime (the Securities Code), the business declaration will generate effects of an obligatory nature, embodied in the right of the transferor to demand that suitable conduct be followed in order to perfect the transaction (declaration in the instrument and steps to register with the issuer), under penalty of full compensation, in terms of damages, for losses caused, to take place under the general terms, but not effects of a real nature, which constitutes a deviation from the rule set forth in article 408, no. 1, 1st part, of the Civil Code.

III – Since the procedure relative to the contract transferring registered shares was not duly complied with at the time of the seller’s declaration of insolvency, and the registered shares are in the pledging creditor’s securities portfolio, the insolvency administrator’s seizure of the shares for the insolvent estate is licit and valid, taking into account the provisions of Article 81, No. 1, of the CIRE, according to which “the declaration of insolvency immediately deprives the insolvent party, by himself or by his directors, of the powers of administration and disposition of the assets comprising the insolvent estate, which shall become the responsibility of the insolvency administrator”.

IV – Therefore, the restitution action filed by the purchaser under the provisions of article 146, no. 1 of the CIRE, in a business deal for the purchase and sale of registered shares in which the mode was not complied with, is unfounded, given the non-transfer in its favour of the right of ownership over these shares, which would have to take place until the moment in which the seller could validly dispose of the securities in question.”.

http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/6233365290e933b280258958003066b1?OpenDocument

III.4. Administrative and Tax Courts

Judgment of the Supreme Administrative Court, of February 08, Case no. 0762/16.3BELRA: VAT. Deduction. Regularization. Bad Debt. Communication.

Summary:

“I – The exercise of the right to deduct VAT is one of the main characteristics of this tax, all in accordance with the system enshrined in the Sixth Directive of 1977 (Council Directive 77/388/EEC of 17/05/1977), more specifically in its article 17.º, a provision that sets out the rules for the exercise of the right to deduct tax, contemplating various objective and subjective requirements for the exercise of this right. The common system of VAT established by the Sixth Directive (see current Council Directive 2006/112/EC of 28/11/2006 – VAT Directive) is characterised by the existence of a uniform tax base, common rules on objective and subjective assessment, exemptions and taxable amount, the harmonisation of special schemes and the compulsory extension of taxation to the retail stage and to the provision of services in general.

II – Although the VAT deductions made by taxpayers have, in principle, a definitive nature, they should or may be altered in certain situations provided for in article 78.º of the VAT code. Roughly speaking, the rectification will be compulsory if the tax is in favour of the Tax Authority (underpaid tax) and may be carried out without any penalty until the end of the period following that to which the invoice to be rectified refers, while it is optional if the tax is in favour of the taxpayer (overpaid tax). In addition to other situations which may be grounds for the adjustment of tax, the rule provides, in paragraph 7th of article 78.º of VAT code for the possibility of deducting VAT in respect of credits which are considered irrecoverable.

III – If the purchaser is a legal person, the duty to notify the purchaser who is liable for VAT will have to be done by his legal representative, paragraph 4th, article 81.º of the C.I.R.E., approved by Decree-Law 53/2004, of 18/03.

IV – The rule in the aforementioned paragraph n,.º 11 of article 78.º of the VAT code has the objective of avoiding that a taxable person is cancelling a tax that has been deducted by his client, without being obliged to regularise, in favour of the State, the same amount. Therefore, the cancellation may only be regularly carried out when the taxpayer who wishes to do so has ensured that communication has been made to the purchaser of the goods or service who is subject to the tax and can confirm that this has been done, because only then will it be ensured that the duty of rectification falls on him. Furthermore, even if it is understood that this communication may be subsequent to the cancellation (given that the norm does not require that the communication must precede the adjustment), the verification of all the requirements of the “right to deduct” foreseen in article paragraph 7th of the article 78.º of the VAT code, including the communication requirement foreseen in paragraph n.º 11, will always have to occur before the 4 year period has elapsed, foreseen in second paragraph of article 98.º of the same diploma, in order to exercise the right to deduct.”.

http://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/e45cf6c051bc7c30802589550046e8aa?OpenDocument&ExpandSection=1#_Section1

Judgment of the Supreme Administrative Court, of February 08, Case no. 02628/17.0BEBRG: “IRS”. Capital Gains. Execution. Sale.

Summary:

“I – The proceeds of the sale of a property in enforcement proceedings – which, in part, served to satisfy the purposes of the enforcement and, in other part, was pocketed by the enforced party – constitutes capital gains integral to the provision/typification of subparagraph a) of the first paragraph of the article 10 of the “IRS” Code.

II – As the only issue at stake is the existence of an effective difference between the acquisition value of the asset and the sale value (the calculated capital gain), it is irrelevant to the decision to subject such value to taxation that the amount obtained from the sale has been used to settle a debt of the author of the estate in which the asset was included within the scope of enforcement proceedings, as it is as if the taxable person himself were allocating the proceeds from the sale of the property for an end which forms part of the complex of obligations and rights making up his assets – the settlement of a debt which he had incurred.

III – This interpretation of the subparagraph a) of the first paragraph of the article 10 of the “IRS” Code in no way contravenes the constitutional principles of ability to pay, equality and the taxation of effective income.”.

http://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/7736f65b21b77355802589550053c467?OpenDocument&ExpandSection=1#_Section1

 

IV. BRIEFS
IV.1. DOCTRINE
IV.1.1.  Monographs and Periodic Publications

Cristina M. Araújo Dias, Lições de Direito das Sucessões, Almedina, February 2023.

Diogo Morgado Rebelo, Inteligência Artificial e Scoring no Crédito ao Consumo, Almedina, February 2023.

Hugo Lacerda, A Problematização da Dignidade Penal do Crime de Abuso de Confiança Fiscal, Almedina, February 2023.

Isa António, Manual Teórico-Prático de Direito Administrativo, Almedina, February 2023.

Jorge Manuel Coutinho de Abreu (Coord.), Código das Sociedades Comerciais em Comentário – Volume III, Almedina, February 2023.

Luís Manuel Pica, As Cláusulas De Limitação De Responsabilidade Patrimonial, Almedina, February 2023.

Luís Manuel Teles de Menezes Leitão, Digital Services ACT (DSA) – O Regulamento Europeu 2022/2065 Sobre os Serviços Digitais, Almedina, February 2023.

Luiz Cabral de Moncada, Direito Económico, Almedina, February 2023.

Maria João Antunes, Direito Processual Penal, Almedina, February 2023.

Paulo de Sousa Mendes, Rui Soares Pereira, Novos Desafios da Prova Penal – Vol. II, Almedina, February 2023.

Pedro Callapez, A Remissão como Forma de Extinção das Obrigações, Almedina, February 2023.

Pedro Leitão Pais de Vasconcelos, Liber Amicorum – Pedro Pais de Vasconcelos – Volume 2, Almedina, February 2023.

 

IV.1.2. Generic Guidelines & Cia

Circular Letter no. 20251, of 2023-02-07, by order of the Deputy Director-General of IR and International Relations.

Subject: Article 6.º of Law no. 19/2022, of October 21 – Exceptional Reimbursement Scheme for Savings Plans (PPR, PPE and PPR/E).

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_Circulado_20251_2023.pdf

Circular Letter no. 20252, of 2023-02-24, by order of the Deputy Director-General of IR and International Relations.

Subject: Education expenses incurred abroad – frequently asked questions (FAQ).

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_Circulado_20252_2023.pdf

IV.2. Miscellaneous
IV.2.1. Economy, Finance and Taxation

On the 16th of February, the Council of Ministers approved a set of measures that intend to materialize the design of having a housing stock capable of guaranteeing decent housing to the entire population through the balance between a structural reform, based on the promotion of new public housing responses and in the qualification of the existing responses, and a conjunctural response that allows for more immediate responses to address the urgency of ensuring access to decent housing and adequate to the income and size of the different family units. In this context, the following measures were approved:

i) Intervention Plan that aims to respond to the “More Housing” design, based on more immediate responses that complement the structural public policy of reinforcing the public housing stock in progress. Measures are defined that meet the strategic objectives of increasing the supply of land for housing; simplifying the licensing processes for the construction, acquisition and use of housing; increasing and improving the supply of renting; combating speculation; and protecting families;

ii) Revision of the legal regimes applicable to the special eviction procedure and injunction in rental matters, as well as the creation of the Tenant and Landlord Counter. The aim is thus to safeguard the protection of the right to housing and the fair weighing of interests in confrontation with the right to property, as well as to ensure interoperability with other State services;

iii) Alteration of the regime of prior control of allotment operations and urban planning operations, in order to promote its simplification, agility and standardization, promote greater celerity of the processes and create a sanctioning regime;

iv) Creation of a State financial support, in the form of a temporary interest subsidy, to borrowers of credit contracts for the acquisition or construction of permanent home ownership when the indexer of the credit contract is equal to or greater than 3%. This law aims to respond to the reality effectively felt by families, resulting from the rapid variation of the index of reference, with incidence on one of the main charges of the family budget, the credit for the purchase or construction of permanent home ownership.

https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=535

IV.2.2. Industrial Property

The European Union Intellectual Property Office (EUIPO) made available on 18 February the new edition of the European Union (EU) Support Fund for Small and Medium-sized Enterprises (SMEs), so that they can benefit from their Industrial Property Rights (IPR).

Applications may be made on the EUIPO Website.

https://inpi.justica.gov.pt/Noticias-do-INPI/Fundo-PME-2023-Candidaturas-abertas

On 16 February, the provisional statistical data regarding the applications and grants of Industrial Property Rights (IPR), for the month of January 2023, were made available. From this statistical data, the following are highlighted:

i) In the month of January, 56 applications for national inventions were filed, a figure close to the 55 applications filed in January 2022. With regard to grants of national inventions, 23 national inventions were granted, compared to 17 in the same period of 2022;

ii) The total number of International and European Patent applications was 4 applications in January 2023 and 8 applications in January 2022. The number of European Patent validations filed in Portugal in the first month of the year decreased from 375 validations filed to 259;

iii) There were 2,049 applications for the registration of national Trademarks and Other Trade Distinctive Signs (OSDC) in January 2023 (up from 1,753 applications filed in 2022). A further 1,270 National Trademarks and OSDCs were granted in the same period (1,271 in 2022);

iv) With regard to International Brand Designations for study and national registration, according to data from the World Intellectual Property Organization (WIPO), there was an increase over the same period (120 in the first month of the year and 113 in the same period in 2022);

v) Applications for Community Design originating in Portugal maintained the same figures as previously, since data for the month of January is not yet available.

All statistical reports (annual and half-yearly) and monthly data regarding applications and concessions of Industrial Property Rights are available at IP Observatory.

https://inpi.justica.gov.pt/Noticias-do-INPI/Direitos-de-Propriedade-Industrial-janeiro-2023

 

Refer to