I. EDITORIAL – AMENDMENT TO LAW NO. 53/2015, OF JUNE 11, ESTABLISHING THE LEGAL FRAMEWORK FOR THE CONSTITUTION AND OPERATION OF PROFESSIONAL ASSOCIATIONS THAT ARE SUBJECT TO PUBLIC PROFESSIONAL ASSOCIATIONS REGIME; UPDATE TO THE VALUE OF THE MONTHLY MINIMUM WAGE FOR 2024
The month of November was marked, at a legislative level, by the publication of Law no. 64/2023, of November 20, which made the second amendment to Law no. 53/2015, of June 11, establishing the legal framework for the constitution and operation of professional associations that are subject to public professional associations regime, and by the publication of Decree-Law no. 107/2023, of November 17, which updates the value of the monthly minimum wage for 2024.
Also noteworthy, at the legislative level, are:
- Resolution of the Assembly of the Republic no. 127/2023, of November 3, which approves the Assembly of the Republic Budget for 2024;
- Law no. 61/2023, of November 9, which introduces ways to give psychological support for victims of harassment and sexual violence in higher education and extends the scope of the codes of good conduct for preventing and combating harassment to all members of the academic community; and
- Ordinance no. 360-A/2023, of November 14, which amends the size of procedural documents in the context of the electronic processing of judicial, administrative and tax proceedings.
Within the scope of case law, the month of November is highlighted by the Judgement of the Constitutional Court no. 747/2023, of November 8, Case no. 199/2023, in which it was decided: "a) To declare unconstitutional, for infringement of Article 20 no. 4 of the Constitution, the rule that can be found in Article 6-B no. 5 (d) of Law no. 1-A/2020 of March 19, added by Law no. 4-B/2021 of 1 February, according to which the exception to the suspension of procedural deadlines established therein applies to deadlines for appeals against decisions given at first tier before the date on which the respective production of effects began; and, consequently; b) Grant the appeal, ordering that the contested decision be reformed in accordance with the preceding positive judgement of unconstitutionality."
Finally, under Miscellaneous, it is worth highlighting the approval by the Council of Ministers of the decree-law that establishes the mechanism for compensating landlords, up to a limit of 1/15th of the leased property's Tax Asset Value, for residential lease contracts entered into before 18 November 1990, following the non-transition of these contracts to the New Urban Lease Regime.
II. LEGISLATION
Resolution of the Assembly of the Republic no. 127/2023, of November 2: Assembly of the Republic Budget for 2024.
https://files.diariodarepublica.pt/1s/2023/11/21200/0000200014.pdf
Decree-Law no. 103/2023, of November 7: Approves the legal regime for full dedication in the National Health Service and the organisation and operation of family health units.
https://files.diariodarepublica.pt/1s/2023/11/21500/0002100048.pdf
Ordinance no. 337/2023, of November 7: Amendment to the model of the global monthly declaration referred to in Article 28, no. 11 (a) of the VAT Code, as well as the respective instructions for completion.
https://files.diariodarepublica.pt/1s/2023/11/21500/0005000058.pdf
Ordinance no. 338/2023, of November 7: Amendment to Ordinance no. 215/2020, of September 10, which approves the model of the recapitulative declaration, as well as its respective instructions for completion.
https://files.diariodarepublica.pt/1s/2023/11/21500/0005900068.pdf
Ordinance no. 339/2023, of November 7: Amendment to Ordinance no. 221/2017 of July 21, which approves the models for the periodic VAT declaration, Annex R and the Annexes for regularisations in field 40 and field 41, as well as the respective instructions for completion.
https://files.diariodarepublica.pt/1s/2023/11/21500/0006900089.pdf
Ordinance no. 340/2023, of November 8: Updates the currency devaluation coefficients to be applied to goods and rights sold during 2023.
https://files.diariodarepublica.pt/1s/2023/11/21600/0000500006.pdf
Law no. 61/2023, of November 9: Introduces ways to give psychological support for victims of harassment and sexual violence in higher education and extends the scope of the codes of good conduct for preventing and combating harassment to all members of the academic community.
https://files.diariodarepublica.pt/1s/2023/11/21700/0000200003.pdf
Law no. 65/2023, of November 20: Creates the allowance for accompaniment when travelling to a hospital unit located outside the pregnant woman's island of residence, amending Decree-Laws no. 91/2009, of 9 April, and no. 89/2009, of 9 April.
https://files.diariodarepublica.pt/1s/2023/11/22400/0001100015.pdf
Ordinance no. 344/2023, of November 10: Regulates the electronic submission of applications and declarations for nationality purposes by lawyers and solicitors.
https://files.diariodarepublica.pt/1s/2023/11/21800/0000500007.pdf
Ordinance no. 348/2023, of November 13: First amendment to the Statutes of the Public Administration Shared Services Entity , I. P., approved in annex to Ordinance no. 256/2018, of September 10.
https://files.diariodarepublica.pt/1s/2023/11/21900/0002500026.pdf
Ordinance no. 349/2023, of November 13: Proceeds with the first amendment to Ordinance no. 67/2012, of March 21, which defines the organisational, operating and installation conditions to be met by residential facilities for the elderly.
https://files.diariodarepublica.pt/1s/2023/11/21900/0002700051.pdf
Ordinance no. 360-A/2023, of November 14: Amends the size of procedural documents in the context of the electronic processing of judicial, administrative and tax proceedings.
https://files.diariodarepublica.pt/1s/2023/11/22001/0000200004.pdf
Ordinance no. 361/2023, of November 15: It defines the fees and other charges due for the granting, production, personalisation and delivery of passports, their delivery times, the remuneration for the services provided by Imprensa Nacional and Casa da Moeda, S. A., and the allocation of the revenue resulting from the fees collected.
https://files.diariodarepublica.pt/1s/2023/11/22100/0000500011.pdf
Decree-Law no. 104/2023, of November 17: Changes the financing model for the social tariff.
https://files.diariodarepublica.pt/1s/2023/11/22300/0002300024.pdf
Decree-Law no. 107/2024, of November 17: Updates the value of the monthly minimum wage for 2024.
https://files.diariodarepublica.pt/1s/2023/11/22300/0002300024.pdf
Law no. 64/2023, of November 20: Second amendment to Law no. 53/2015, of June 11, establishing the legal framework for the constitution and operation of professional associations that are subject to public professional associations regime.
https://files.diariodarepublica.pt/1s/2023/11/22400/0000400010.pdf
Decree-Law no. 108/2023, of November 22: Approves measures to value workers who exercise public functions.
https://files.diariodarepublica.pt/1s/2023/11/22600/0000200004.pdf
Decree-Law no. 384/2023, of November 22: Amends the regime, operation and regulation of the Fund for the Promotion of Consumer Rights.
https://files.diariodarepublica.pt/1s/2023/11/22600/0000500018.pdf
Decree-Law no. 388/2023, of November 23: Approves the Statutes of Cultural Heritage, I.P.
https://files.diariodarepublica.pt/1s/2023/11/22700/0003400040.pdf ´
Decree-Law no. 109/2023, of November 24: Extends a number of temporary legal regimes.
https://files.diariodarepublica.pt/1s/2023/11/22800/0000200004.pdf
Decree-Law no. 110/2023, of November 27: Transfers the responsibilities of the pension fund of the National Institute of Statistics, I. P., to Caixa Geral de Aposentações, I. P.
https://files.diariodarepublica.pt/1s/2023/11/22900/0001000014.pdf
Ordinance no. 397/2023, of November 28: Regulates the standard documents for the public procurement procedure for the award of low-voltage electricity distribution concessions in mainland Portugal.
https://files.diariodarepublica.pt/1s/2023/11/23000/0000300081.pdf
III. Public Procurement [NEW]
https://files.diariodarepublica.pt/cp_hora/2023/11/212/417007273.pdf
Announcement no. 18372/2023, of November 2: Tortosendo GNR Territorial Post Construction Contract - Covilhã Municipality - €1,800,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/212/417018313.pdf
Announcement no. 18384/2023, of November 2: Middle School of Portela de Azóia em Santa iria de Azóia - Construction - Municipality Loures - €5.835.843,21 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/212/417002259.pdf
Announcement no. 18456/2023, of November 3: Acquisition of Miscellaneous Insurance Services, by lot, for Metropolitano de Lisboa (2024/2025) - Metropolitano de Lisboa, E. P. E. E. - €8,489,843.55 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/212/417002259.pdf
Announcement no. 18475/2023, of November 3: Construction of the Patronato Residential Structure for the Elderly (ERPI) - Patronato - Santa Mafalda Parish and Social Centre - €4,900,000.00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2023/11/213/417007021.pdf
Announcement no. 18476/2023, of November 3: Acquisition of Document Management Solution on OpenText Platform (in Cloud) - Infraestruturas de Portugal, S. A. - €1,500,000.00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/213/417014571.pdf
Announcement no. 18480/2023, of November 3: Alteration and expansion of a building, with the respective infrastructures - Calde Social, Cultural, Sporting and Recreational Association - €1,667,993.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/213/417022914.pdf
Announcement no. 18496/2023, of November 3: Dr. Ângelo Augusto da Silva Elementary and High School - Rehabilitation of the School Building and Sports Pavilion - Regional Department for Equipment and Infrastructures - €6,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/213/416937347.pdf
Announcement no. 18518/2023, of November 3: Rehabilitation of 30 homes in the Curvite, Póvoa, Raiva and Oliveira do Arda housing estates in Castelo de Paiva - Castelo de Paiva Municipality - €3,609,788.02 (ComprasPT)
https://files.diariodarepublica.pt/cp_hora/2023/11/213/417015495.pdf
Announcement no. 18528/2023, of November 3: "DOMUS CACI" construction contract - Beatriz Santos Foundation - €2,500,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/213/416371456.pdf
Announcement no. 18587/2023, of November 6: Contract for the Rehabilitation of the R1 and R2 Student Residences of the Polytechnic Institute of Coimbra - Polytechnic Institute of Coimbra - €3,059,671.00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/214/417019367.pdf
Announcement no. 18588/2023, of November 6: Contract for the Rehabilitation of the R3 Student Residences of the Polytechnic Institute of Coimbra - Polytechnic Institute of Coimbra - €2,395,725.00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/214/417019926.pdf
Announcement no. 18626/2023, of November 6: Acquisition Of Insurance Policies For The Municipalised Services Of Maia - Municipalised Electricity, Water and Sanitation Services of Maia City Council - €1,004,736.71 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/214/417018654.pdf´
Announcement no. 18635/2023, of November 6: Provision of functional and technological consultancy services for the evolution and massification of digital identity solutions. - Agency for Administrative Modernisation, I. P. - €2,247,696.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/214/417018654.pdf
Announcement no. 18652/2023, of November 6: Public Space Improvement and Conversion Contract 2024 - Municipality of Sintra - €1,200,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/214/416960829.pdf
Announcement no. 18721/2023, of November 7: Contract for "Praça da República l Jardim Teófilo Braga l Requalification" – Construction and Management of Porto, E. M. - €1,550,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/215/417031402.pdf
Announcement no. 18765/2023, of November 7: Contract for the " Expansion of a Home for the Elderly" - Olalhas Social Assistance Centre - €1,487,481.84 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/215/417025417.pdf
Announcement no. 18804/2023, of November 7: Contract for the Rehabilitation of the Passil 11 Football Field - Municipality of Alcochete - €2,039,865.15 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/215/417018954.pdf
Announcement no. 18843/2023, of November 8: Design-build contract for residential buildings to be built at the Former Radionaval Station "Comandante Nunes Ribeiro" in Oeiras - Lots 1 to 6 – Public Construction , E. P. E. E. - €59,345,575.08 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/216/417036311.pdf
Announcement no. 18898/2023, of November 8: Construction Contract for the Alvarães Health Centre - Municipality of Viana do Castelo - €2,992,914.00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2023/11/216/417037819.pdf
Announcement no. 18912/2023, of November 8: Urban regeneration of Rua D. João II, in Armação de Pêra - Municipality of Silves - €1,353,654.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/216/417038848.pdf
Announcement no. 18968/2023, of November 9: Construction of the Divino Salvador Residentail Center - Navais Social and Parish Centre - €3.160.000,00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/217/417042962.pdf
Announcement no. 18983/2023, of November 9: Residences of the Polytechnic Institute of Bragança - Polytechnic Institute of Bragança - €17,844,940.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/217/417019959.pdf
Announcement no. 19008/2023, of November 9: Passenger transport in the municipalities of Alto Minho - Intermunicipal Community of Alto Minho - €21,661,226.60 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/217/417019959.pdf
Announcement no. 19099/2023, of November 10: Naval Village Allotment and Housing Contract - Lot 1 - Allotment - Lot 2 - Housing - Ministry of National Defence - Navy - €2,146,341.46 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/218/417048016.pdf
Announcement no. 19109/2023, of November 10: Construction of storm walls in the parish of Santo António dos Cavaleiros - € 1,391,683.79 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/218/417037851.pdf
Announcement no. 19138/2023, of November 13: Acquisition of Workplace Accident Insurance for CHEDV EPE - Hospital Center of Entre o Douro e Vouga, E.P.E. - €2,085,584.88 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/219/417046591.pdf
Announcement no. 19148/2023, of November 13: Acquisition of Insurance Policies for Various Classes - Hospital Common Use Service - €1,564,340.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/219/417046591.pdf
Announcement no. 19221/2023, of November 13: Set of Six Autonomisation and Inclusion Residences (Rai) in the Area Surrounding and Adjacent to the Old Carção Elementary School - Municipality of Vimioso - €1,356,000.00
https://files.diariodarepublica.pt/cp_hora/2023/11/219/417053695.pdf
Announcement no. 19249/2023, of November 14: Design-build public works contract for the extension of the Maria Beatriz Student Residence using self-supporting prefabricated reinforced concrete modules, improving energy performance and thermal efficiency and consumption - €2,741,066.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/220/417051953.pdf
Announcement no. 19307/2023, of November 14: Acquisition of Specialised Support Services for the Acquisition of Goods, Services and Contracts (Procurement) - General Secretariat of the Ministry of Foreign Affairs - €135,236.60 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/220/417061527.pdf
Announcement no. 19320/2023, of November 15: Contract for the extension and alteration of existing social equipment to install an ERPI - Carapinheira do Campo Parish Social Centre - €2,150,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/221/417062872.pdf
Announcement no. 19322/2023, of November 15: Public works contract: "Loja de cidadão de Constância" - Constância Municipality - €1,432,401.26 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/221/417054926.pdf
Announcement no. 19360/2023, of November 15: Acquisition of Legal Advisory Services and Judicial Sponsorship for the Superior Council of the Portuguese Medical Association - Portuguese Medical Association - €118,400.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/221/417064995.pdf
Announcement no. 19375/2023, of November 15: Acquisition of specialised legal services in human resources matters to support the SOMOS Registration measure of the Justice + Next Plan – Institutes of Registry and Notary, I. P. - €198,750.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/221/417064913.pdf
Announcement no. 19409/2023, of November 16: Construction Contract for Social Equipment - Corte Real Collaborative Houses - Corte Real School - Social Solidarity Cooperative, C. R. L - €1.615.000,00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/222/417065804.pdf
Announcement no. 19412/2023, of November 16: Workplace accident insurance 2024 - University Hospital Centre of São João, E. P. E. E. - €1,859,994.90 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/222/417052188.pdf
Announcement no. 19427/2023,of November 16: Contract for the Design and Construction of the Residence at the Quinta de São Roque Campus - University of Madeira - €6,050,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/222/417055558.pdf
Announcement no. 19514/2023, of November 17: Expansion of ERPI - Social Centre - Padre Miguel Social Construction - €1,700,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/223/417071903.pdf
Announcement no. 19584/2023, of November 17: Construction of a Residential Home - CERCIESTA - Cooperative for the Education and Rehabilitation of Disabled Children of Estarreja, C. R. L. - € 1.442.260,00 (ComprasPT)
https://files.diariodarepublica.pt/cp_hora/2023/11/223/417072908.pdf
Announcement no. 19632/2023, of November 20: Construction of the São Nuno Condestável Senior Residence - Padre Américo Foundation - €5,600,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/224/417060741.pdf
Announcement no. 19691/2023, of November 20: Construction of affordable housing - Vila de Rei - 12 dwellings (lots 18 and 19) - Municipality of Vila de Rei - €1,106,500.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/224/417077809.pdf
Announcement no. 19698/2023, of November 20: Construction of Affordable Housing - Vila de Rei - 18 dwellings (Plots 15, 16 and 17) - Municipality of Vila de Rei - €1,659,500.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/224/417078392.pdf
Announcement no. 19771/2023, of November 21: Refurbishment of the Trabatijo Building for a Cultural Centre - Municipality of Montijo - € 1,516,875.70 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/225/417074399.pdf
Announcement no. 19781/2023, of November 21: Contract to Improve the Safety Conditions of the Gameiro Reservoir - Association of Irrigators and Beneficiaries of the Sorraia Valley - €1,100,326.34 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/225/417073134.pdf
Announcement no. 19835/2023, of November 21: Acquisition of the contract for "Alteration and Extension of a Building - Residential Structure for Elderly People (ERPI)" - Santa Casa da Misericórdia de Arouca - €1,949,626.28 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/225/417086119.pdf
Announcement no. 19843/2023, of November 21: Public works contract for the construction of the Dissuasor Pontinha Sul car park - EMEL - Municipal Mobility and Parking Company of Lisbon, E. M., S. A. - €2,350,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/225/417084978.pdf
Announcement no. 19891/2023, of November 22: Requalification and Extension of EB1 Vila Verde - S. Pedro da Cova - Gondomar Municipality - €1,187,452.81 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/226/417083965.pdf
Announcement no. 19905/2023, of November 22: Acquisition of Software Licences for National Health Service Entities and the Ministry of Health - SPMS - Shared Services of the Ministry of Health, E. P. E. E. - €1,029,501.48 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/226/417044574.pdf
Announcement no. 20029/2023,of November 23: Contract for the construction of the "Creche da Casa Nossa Senhora da Conceição" - Assistance to Tuberculosis patients in Northern Portugal - € 1,348,869.19 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/227/417092559.pdf
Announcement no. 20051/2023, of November 23: Public works contract for the construction of the Towed Car Park - Ameixoeira - EMEL - Municipal Mobility and Parking Company of Lisbon, E. M., S. A. - €1,085,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/227/417093239.pdf
Announcement no. 20116/2023, of November 24: Construction of the Caxinas Health Unit - Vila do Conde - Vila do Conde Municipality - €2,510,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/228/417098804.pdf
Announcement no. 20128/2023, of November 24: Acquisition of licensing for an Omnichannel Customer Service Solution - Administrative Modernisation Agency, I. P. - €1,713,561.60 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/228/417089465.pdf
Announcement no. 20202/2023, of November 27: Construction Contract for the New Building for the ULisboa Faculty of Arts and Humanities in the University City of Lisbon - University of Lisbon - €9,500,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/229/417093482.pdf
Announcement no. 20208/2023, November 27: International Public Tender for the Construction Contract for the São Jorge Slaughterhouse - lots 1 and 4 - Portuguese Food and Agricultural Markets Institute - €8,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/229/417095094.pdf
Announcement no. 20234/2023,of November 27: Design-build contract "Design-build contract for the Olhão traction substation" - Infrastructures of Portugal, S. A. - €17,000,000.00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2023/11/229/417098456.pdf
Announcement no. 20250/2023, of November 27: Contract for the Rehabilitation of the EB 2+3 Gualdim Pais School - Municipality of Tomar - €4,370,775.98 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/229/417083779.pdf
Announcement no. 20283/2023, of Nevmber 27: Alteration and Expansion of the Gonçalo Home/Day Centre/SAD - Gonçalo Social and Parish Centre - €1,380,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2023/11/229/417105404.pdf
Announcement no. 20391/2023, of November 29: Refurbishment and expansion of a building to house a Residential Home for the Elderly (ERPI) - Santa Casa da Misericórdia of Carrazeda de Ansiães - €2,100,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/231/417113326.pdf
Announcement no. 20404/2023, of November 29: Contract for the remodelling and expansion of the Palace of Justice building in Portalegre - Institute for Financial Management and Justice Equipment, I. P. - €1,504,800.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2023/11/231/417098164.pdf
IV. CASE-LAW
IV.1. Court of Justice of the European Union
IV.1. Court of Justice of the European Union
Judgement of the Court of Justice (Fourth Chamber), of November 9, Case no. C-819/21: Reference for a preliminary ruling. Judicial cooperation in criminal matters. Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State. Framework Decision 2008/909/JHA. Article 3 no. 4 and Article 8. Refusal to enforce. Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union. Fundamental right to a fair trial before an independent and impartial tribunal previously established by law. Systemic or generalised deficiencies in the issuing Member State. Two-step examination. Revocation of the suspension of execution attached to a custodial sentence imposed by a Member State. Enforcement of that sentence by another Member State.
Summary:
“Article 3 no. 4 and Article 8 of Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009,must be interpreted as meaning that the competent authority of the executing Member State may refuse to recognise and enforce a judgment imposing a criminal sentence delivered by a court of another Member State where it has evidence of systemic or generalised deficiencies in that Member State regarding the right to a fair trial, in particular so far as concerns the independence of the courts, and where there are substantial grounds for believing that those deficiencies may have had a tangible influence on the criminal proceedings brought against the person concerned. It is for the competent authority of the executing Member State to assess the situation existing in the issuing Member State up until the date of the criminal conviction in respect of which recognition and enforcement are requested and, if necessary, up until the date of the new conviction which resulted in the revocation of the suspension initially attached to the sentence in respect of which enforcement is requested.”.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CJ0819
Judgement of the Court of Justice (Fourth Chamber), of November 9, Case no. C-175/22: Reference for a preliminary ruling. Judicial cooperation in criminal matters. Directive 2012/13/EU. Right to information in criminal proceedings. Article 6. Right to information about the accusation. Article 6 no. 4. Changes in the information given. Amendment of the classification of the criminal offence. Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification. Effective exercise of the rights of the defence. Fairness of the proceedings. Directive (EU) 2016/343. Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. Article 3. Presumption of innocence. Article 7 no. 2. Right not to incriminate oneself. Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union. Requirement that the criminal court or tribunal be impartial. Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person.
Summary:
“1. Article 6 no. 4 of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings must be interpreted as precluding national case-law which enables a court or tribunal ruling on the substance in a criminal case to use a legal classification of the acts at issue which differs from that initially used by the public prosecutor’s office without informing the accused person of the new envisaged classification in due time, at a point and under conditions which would enable him or her effectively to prepare his or her defence, and, accordingly, without offering that person the opportunity to exercise his or her rights of defence specifically and effectively with regard to that new classification. In that context, the fact that that classification cannot entail the application of a more severe penalty than the offence of which the person was initially accused is entirely irrelevant.
2. Articles 3 and 7 of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, as well as the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a piece of national legislation which enables a court or tribunal ruling on the substance in a criminal case to use, on its own initiative or in response to a suggestion from the accused person, a legal classification of the acts at issue which differs from that initially used by the public prosecutor’s office, provided that that court or tribunal has informed the accused person of the new envisaged classification in due time, at a point and under conditions which have enabled him or her effectively to prepare his or her defence and has thus offered that person the opportunity to exercise his or her rights of defence specifically and effectively with regard to the new classification thus used.”
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0175
Judgement of the Court of Justice (Sixth Chamber), of November 16, Case no. C-472/22: Reference for a preliminary ruling. Article 49 TFEU. Freedom of establishment. Articles 63 and 65 TFEU. Free movement of capital. Personal income tax. Tax advantage relating to the taxation of capital gains on transfers of shares in small enterprises. Exclusion of undertakings established in other Member States. Concept of ‘abusive practice’.
Summary:
“Article 63 TFEU must be interpreted as precluding a tax practice of a Member State in the field of personal income tax under which a tax advantage, consisting in halving the tax on capital gains accruing from a share transfer, is confined solely to transfers of shares in companies established in that Member State, to the exclusion of transfers of shares in companies established in other Member States.”
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0472
Judgement of the Court of Justice (Grand Chamber), of November 28, Case no. C-148/22: Reference for a preliminary ruling. Social policy. Directive 2000/78/EC. Establishing a general framework for equal treatment in employment and occupation. Prohibition of discrimination on the grounds of religion or belief. Public sector. Terms of employment of a public administration prohibiting the visible wearing of any philosophical or religious sign in the workplace. Islamic headscarf. Requirement of neutrality in contacts with the public, hierarchical superiors and colleagues.
Summary:
“Article 2 no. 2 (a) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that an internal rule of a municipal authority prohibiting, in a general and indiscriminate manner, the members of that authority’s staff from visibly wearing in the workplace any sign revealing, in particular, philosophical or religious beliefs may be justified by the desire of the said authority to establish, having regard to the context in which it operates, an entirely neutral administrative environment provided that that rule is appropriate, necessary and proportionate in the light of that context and taking into account the various rights and interests at stake.”
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0148
IV.2. Constitutional Court
Judgement of the Constitutional Court no. 747/2023, of November 8, Case no. 199/2023:
“On these terms and on these grounds, it is decided:
a) To declare unconstitutional, for infringement of Article 20 no. 4 of the Constitution, the rule that can be found in Article 6-B no. 5 (d) of Law no. 1-A/2020 of March 19, added by Law no. 4-B/2021 of 1 February, according to which the exception to the suspension of procedural deadlines established therein applies to deadlines for appeals against decisions given at first tier before the date on which the respective production of effects began; and, consequently;
b) Grant the appeal, ordering that the contested decision be reformed in accordance with the preceding positive judgement of unconstitutionality”
https://www.tribunalconstitucional.pt/tc/acordaos/20230747.html
Judgement of the Constitutional Court no. 769/2023, of November 9, Case no. 769/2023:
“On these terms and on these grounds, it is decided:
a) Not to rule unconstitutional the provisions of Articles 2034(a) and 2036(1), both of the Civil Code (CC), when interpreted to mean that the judicial declaration of unworthiness of the perpetrator of intentional homicide in relation to the author of the succession extends to the succession of the victim's spouse; (...).”
https://www.tribunalconstitucional.pt/tc/acordaos/20230769.html
Judgement of the Constitutional Court no. 772/2023, of November 9, Case no. 66/2023:
“In light of the above, it is decided:
a) To declare unconstitutional, for infringement of Articles 268(4) and 18(2) of the Constitution, the combined interpretation of Article 117(1) of the Code of Tax Procedure and Proceedings (approved by Decree-Law no. 433/99, of 36 October) and articles 86, no. 5 and 91, no. 6 of the General Tax Law (approved by Decree-Law no. 398/98, of 27 December, as amended by Law no. 100/99, of 26 July). º 100/99, of 26 July) to the effect that tax acts in respect of which a revision of the taxable amount has been requested, but which have been deemed to have been withdrawn due to the failure of the expert appointed by the taxpayer to appear, may not be challenged on the grounds of an error in the determination of the taxable amount or in the assumptions for the application of indirect methods, without the taxpayer having been previously notified of this failure. (...).”.
https://www.tribunalconstitucional.pt/tc/acordaos/20230772.html
IV.3. Judicial Courts
Judgement of the Supreme Court of Justice, of November 2, Case no. 3174/20.0T8STS-F.P1.S1: Insolvency Administrator. Nullity. Impugnation. Simulation. Request. Resolution in Favour of the Insolvent Estate.
Summary:
"I - The IA is an interested party for the purposes of article 286 of the Civil Code and can bring an action to invoke and request the nullity of legal transactions entered into by the debtor/insolvent party.
II- Having brought such an action - invoking and requesting the nullity of a legal transaction - it is how the IA configures the action that it must be assessed/judged, i.e. it cannot be said that what he invokes and wants is a resolution in favour of the estate and give as an outcome, to an action requesting a declaration of nullity, a decision of dismissal because the 6-month period referred to in article 123 of the CIRE has elapsed, i.e. because the exception of forfeiture is "well-founded"."
Judgement of the Supreme Court of Justice, of November 16, Case no. 694/21.3T8FLG.P2.S1: Provision of Services Agreement. Interpretation of Agreements. Freedom of Contract. Credit Insurance. Adhesion Contract. General Contractual Clause. Duty of Prior Clarification. Exclusion of Clause.
Summary:
"I. A contract classified by the parties as a provision of services is valid, whose clauses were largely drawn up in advance by one of the parties without the intervention of the other, and in which, furthermore, the proposing party commits to carry out studies on the economic and financial viability of a third party company and to share this information with the other for a fee, and commits to pay a certain percentage of the value of goods supplied by the other party to that company in the event of non-compliance;
II. The duty of the contracting party who lays down the clauses of an adhesion contract to clarify the other party of the aspects included therein only covers those points whose clarification is justified, in which case he must provide the clarifications requested by the other contracting party;
III. The clause in the contract resulting from the negotiation between the parties in which it was agreed that the contract would be in force for a period of one year and that the defendant would guarantee payment of 80% (eighty per cent) of the value of the billing between the plaintiff and the third party company with a limit of 180,000.00 euros, in the event of non-compliance, is valid;
IV. Such clause, the wording of which did not give rise to any doubts on the part of the parties, should be interpreted as limiting the defendant's liability to the value of the total billing for the goods supplied by the plaintiff during the agreed period and in the event of default at the end of the term of the contract;
V. Since the clause in the contract that would allow the defendant to collect the plaintiff's debts after the termination of the contract has not been negotiated or explained to the other party, this clause should be excluded from the contract."
Judgement of the Lisbon Court of Appeals, of November 8, Case no. 615/23.9T8PDL.L1-4: Trial period. Duration. Imperative Law. Clerk.
Summary:
"I-The rules on the length of the trial period are relatively imperative.
II-Lower sources cannot increase the length of that period, they can only reduce it.
III-The interpretation of the concepts referred to in Article 112(b) and (c) of the CT/2009 is to be understood on a case-by-case basis.
IV-The performance of the duties of a financial management clerk should not be considered to be of special technical complexity or a high degree of responsibility, for the purposes of determining the appropriate trial period."
Judgement of the Lisbon Court of Appeals, of November 8, Case no. 1050/20.6T8VFX.L1-4: Flaws in the Judgement. Challenge to the Decision of Fact. Formal Adequacy. Labour Agreement. Managing Partner. Legal Subordination.
Summary:
"I - The fact that the judgement omits to rule that certain facts which the appellant considers to have been proved are not a nullity due to failure to rule under article 615 no. 1(d) of the CPC, since it does not relate to the formal structuring of the judgement, but to the decision on the facts.
II - If the party claims nullity when it should have challenged the decision on the matter of fact but has complied with its formal requirements, it must be recognised, taking into account the principles of iura novit curia, undervaluation of form and formal adequacy set out in articles 5 no. 3, 199 no. 1 to 3 and 547 of the CPC.
III - In principle, the legal positions of subordinate worker and managing partner of a private limited company are not compatible in the same person; this will only not be the case if it is proven that there is a relationship of subordination between the managing partner and the commercial company, which involves demonstrating relevant evidence of legal subordination to other managers or to resolutions of the management as a whole, the respective burden of proof being on the plaintiff.
IV - If this relationship of subordination is not proven, given the effective nature of the management functions, the labour relationship is considered to have ended at the moment when the worker began to perform the functions of manager, since his legal subordination to the commercial company ended at that moment."
Judgement of the Coimbra Court of Appeals. of November 7, Case no. 5404/18.0T8VIS-A.C1: Execution for Payment of a Certain Amount. Opposition to attachment. Unseizability of Holiday and Christmas Subsidies.
Summary:
"I. The provisions of Article 738 no.3 of the Civil Code must be read in accordance with the Constitution, in the sense that holiday and Christmas bonuses, in salaries or pensions, with a value lower than the minimum wage, are totally unseizable, when there is no other income, with this interpretative orientation prevailing over any indications to the contrary given to us by literal or systematic elements."
Judgement of the Évora Court of Appeals, of November 7, Case no. 5404/18.0T8VIS-A.C1: Mobbing. Labour harassment. Requirements. Termination of the Labour Contract. Compensation for non-pecuniary damage.
Summary:
"1. In situations of a continuous or lasting nature, which worsen with the passage of time, the 30-day period available to the employee to terminate the contract on just cause grounds shall only run from the moment when the effects of the breach by the employer become so serious that the continuation of the employment contract becomes intolerable for the employee.
2. Harassment at work is characterised not only by the practice of certain behaviours, but also by their duration and consequences.
3. Labour harassment justifying termination of the employment contract occurs in the following context:
- constant insults and derogatory comments directed at the employee by the employer;
- embarrassing situations between the employee and customers, motivated by the procedures imposed by the Defendant, which made them feel cheated and complain;
- criticism of the way she dressed and her behaviour as a mother;
- spraying her with a mixture of water and vinegar, so that she had to remain at her workstation smelling like vinegar;
- unilateral scheduling of holidays without any advance notice of their start;
- disregard for the flexible working hours regime, which was the subject of a CITE opinion, with the employer imposing on the employee to work a shift that ended at 11pm, well aware that this was incompatible with her duties as a mother, as she had no other support to look after her infant daughter, born in 2018;
- all of which caused the employee to suffer from generalised anxiety and the need for sick leave and medical treatment and medication, which lasted beyond the date of termination of her contract.
4. In this context, we have not only the practice of hostile and humiliating behaviour, continued over the years of the employment relationship, which targeted not only professional conduct, but above all the employee's own individuality.
5. It has been proven that the employee felt emotionally destabilised, seeing her honour and consideration offended, having experienced, throughout the course of the employment relationship, feelings of anguish, emotional instability, despair, frustration and humiliation, which seriously affected her psychological health, to the extent that she was unable to work due to a mental illness, requiring medication for anxiety and depression, she is entitled to be awarded compensation for non-pecuniary damage, under the terms of the combined rules of articles 29 no. 4 and 29 no. 5 of the Civil Code. 29 no. 4 and art. 28 of the Labour Code.
6. In this case, compensation for non-pecuniary damage in the amount of €8,000.00, requested by the worker, would be a sin of parsimony."
Judgement of the Guimarães Court of Appeals, of November 2, Case no. 789/23.9T8GMR.G1: Promissory Contract. Principle of Confidence. Pre-Contractual Liability. Autonomous Obligation.
Summary:
"- The promissory contract is considered to have been fulfilled when the promised contract is concluded.
- However, what is stipulated therein can be used to ascertain the will of the parties under the terms of articles 236 et seq. of the Civil Code and/or can be relevant in terms of questioning whether there has been a frustration of expectations due to trust in the situation that has been created, or a breach of good faith that may fall under pre-contractual liability
- On the other hand, the promissory contract may stipulate obligations that are autonomous or "detached" from the counterparty's obligation, as is the case with instalments that translate into anticipated effects of the promised contract.
- These obligations can be invoked by the parties even after the final contract has been concluded, even if they are not included in it."
IV.4. Administrative and Tax Courts
Judgement of the Supreme Administrative Court, of November 8, Case no. 0134/10.3BEPRT: Judicial Impugnation. Corporate Income Tax. Secondary payments. Loan. Cessation of Credits of Credits. Transfer Pricing.
Summary:
"I - The regime established in article 58 of the CIRC is not intended to enable or facilitate the possibility of altering the qualification or nature of certain transactions carried out between companies with special relationships, but to regulate the way in which any quantitative corrections to transactions carried out between companies with special relationships should be made, once their assumptions have been verified, leaving unscathed the nature or quality of the transaction, by reference to which, in the exact terms in which it was "qualified", the price correction procedure is triggered.
II - The financing of a company by its shareholder and the financing of a company by a third party are not comparable financial operations, and it is not the fact that the shareholder is a company and that the latter aims to make a profit that makes it possible to transform those two different realities into identical ones, or, in other words, in this case, there is no identity between the provision of secondary payments by the shareholder and a loan agreement between the company and a bank.
III - The ineffectiveness at tax level of an operation that the Tax Authority considers to be abusive depends on the use of a specific or general anti-abuse clause, under the terms and conditions legally prescribed, namely under the conditions set out in article 38 of the General Tax Law and never through the re-qualification of operations carried out in the light of the transfer pricing regime and with the invocation of the principle of competition established in the aforementioned article 58 of the CIRC."
Judgement of the Supreme Administrative Court, of November 8, Case no. 01462/10.3BELRS: Judicial Impugnation. Corporate Income Tax. Fiscal Benefits. Net Job Creation.
Summary:
"The conversion of fixed-term employment agreements into employment agreements of an indefinite duration, as happened in this case, does not constitute an effective increase in the number of employees, nor does it constitute an increase in the number of jobs, since the number of employees is the same, what occurred was a change in the legal relationship they had with the Defendant, since the net creation of jobs requires the verification of an effective increase in the overall number of employees aged no more than 30 hired in a given financial year and under an indefinite duration agreement."
Judgement of the Southern Central Administrative Court, of November 2, Case no. 319/09.5BELSB: Category E. Advance on account of profits. Burden of Proof. Omission of Profits.
Summary:
"I - Profits, including advances on account of profits, placed at the disposal of the respective holders, are considered capital income subject to income tax, provided that the respective originating facts are demonstrated (article 5 of the CIRS).
II - The only legal presumption established for this purpose is set out in article 6 no. 4 of the CIRS, the operability of which requires, ab initio, a record in the partner's current account that reflects an increase in their assets. Hence, the taxable event occurs when the income is made available to its holder (see article 7, paragraphs 1 and 3, point a), point 2) of the CIRS).
III - Since this is not a situation in which the aforementioned presumption should be used, it would be up to the AT to demonstrate the quid of the qualification made.
IV - It is not enough for the Tax And Customs Authority to rely on the existence of cheques and transfers in the Impugnant's bank account for them to be classified as advances on account of profits, when there is nothing in the RIT to support this classification as category E income, and when, furthermore, this category is residual in nature and character."
Judgement of the Northern Central Administrative Court, of November 3, Case no. 00965/22.1BEPRT-S1: Expiration of the Right of Action to Restore the Contractual Balance. Continuous Events.
Summary:
"I - The right to restore the financial balance expires within 30 days of the event that constitutes it or the moment the contractor becomes aware of it, without the contractor submitting a claim for the corresponding damages under the terms of the following paragraph, even if he is unaware of the full extent of the damages [cf. article 354, no. 2 of the CCP].
II. This means that, in the case of events that cause instantaneous damage, the period starts to run when the damage is realised, given the obvious damaging link.
III. In the case of events whose damage results not from their instantaneous occurrence, but rather from their continuation, it is our understanding that the interpretation that "the start of the limitation period must coincide with the date on which said events are finalised" is not in line, in terms of the rules of legal interpretation, with the provision for "exemption from knowledge of the full extent of the contractor's damage" set out in the final part of Article 354 no. 2 of the Civil Code.
IV. In fact, the waiver of knowledge of the full extent of the contractor's damages serves precisely the purpose of enabling the exercise of the right in question as soon as the contractor's costs and charges are known, which is why the understanding advocated in the court decision is a result not intended by the legislator.
V. Therefore, in relation to ongoing events, we are inclined to consider that the start of the limitation period should coincide with the moment when the allocation of the contractor's costs and charges began.
VI. Since the facts of the case do not legitimise reference to any element in the discovery of the starting date of the allocation under analysis, there is no alternative but to conclude that the Defendant's thesis, herein Appellant, has not been proven in the case of the verification of the exception of the expiry of the right to restore the contractual financial balance."
V. BRIEFS
V.1. DOCTRINE
V.1.1. Monographs and Periodicals
João Ricardo Catarino, Finanças Públicas e Direito Financeiro, Almedina, November 2023.
João Cura Mariano, Impugnação Pauliana, Almedina, November 2023.
Alexandre de Soveral Martins, Título de Créditos e Valores Mobiliários – Parte I, Almedina, November 2023.
Maria do Rosário Palma Ramalho, Tratado do Direito do Trabalho – Parte III, Almedina, November 2023.
Alexandra Caetano Domingues, Inteligência Artificial e Patentes, Almedina, November 2023
Paulo Rangel, Elementos da Política Constitucional, Almedina, November 2023.
Paulo Ferreira da Cunha e Joana Aguiar e Silva, História do Direito, Almedina, November 2023.
Edgar Valles, Arrendamento Urbano, Almedina, November 2023.
Mariana Alves Teixeira, Da (Des)proteção do Candidato a Emprego em Face da Inteligência Artificial, Almedina, November 2023.
Diogo Rocha Geraldes, O Presidente da Mesa da Assembleia – Geral, Almedina, November 2023.
Pedro Gonçalves, Direito dos Contratos Públicos, Almedina, November 2023.
João Leal Amado, Teresa Coelho Moreira e Joana Nunes Vicente, Direito do Trabalho – Relação Individual, Almedina, November 2023.
Iva Carla Vieira, José Henriques e Olimpo Castilho, Manual de Direito e Cidadania, Almedina, November 2023.
IV.1.2. Generic Guidelines & Cia
Circular Letter no. 25004/2023, of November 2, by order of the Deputy Director General of the Tax Management Area - Indirect Taxes
Subject: VAT - Transitional Exemption Applicable to Certain Food Products.
Circular Letter no. 20262/2023, of November 27, by order of the deputy Director General of the Tax Management Area – IRS
Subject: Law no. 56/2023 - Mais Habitação Program; Article 50 - Transitional Tax Rule; Retroactive Effects - Regularization of Tax Situations.
V.2. Miscellaneous
V.2.1. Economy, Finance and Taxation
On November 9, the Council of Ministers approved, among others: (i) the decree-law that increases the national minimum wage to 820 euros starting on January 1st of 2024; (ii) the decree-law that transposes Directive (EU) 2020/1828 of the European Parliament and of the Council on collective actions for the protection of the collective interests of consumers.
On November 16, the Council of Ministers approved, among others, the decree-law that regulates the legal regime applicable to surrogate gestation.
https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=586
On 23 November, the Council of Ministers approved, among others: (i) the decree-law amending the system for assessing the incapacity of people with disabilities; (ii) the decree-law making changes to the collection and settlement of social security debts.
https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=587
On 29 November, the Council of Ministers approved, among others: (i) the decree-law that establishes the mechanism for compensating landlords, up to a limit of 1/15th of the leased property's Tax Asset Value, for residential lease contracts entered into before November 18 1990, following the non-transition of these contracts to the New Urban Lease Regime; (ii) the regulatory decree that amends the regulation of the legal regime for the entry, stay, exit and removal of foreign citizens from national territory.
https://www.portugal.gov.pt/pt/gc23/governo/comunicado-de-conselho-de-ministros?i=588
V.2.2. Industrial Property
On November 16, the provisional statistical data regarding the applications and grants of Industrial Property Rights (IPR), for the October 2023, were made available. From this statistical data, we can highlight the following:
i) In the first ten months of the year, 704 applications were submitted. Regarding the national invention grants, 162 national inventions were granted, compared to 185 granted in the same period of 2022, which represents a decrease of 14.8%.
ii) The number of European Patent validations, submitted in Portugal in the first ten months of the year, decreased when compared to the same period in the previous year, decreasing from 3.221 validations filled to 2.445 in 2023.
iii) National Trademarks and Other Distinctive Trade Signs (ODS) registered 17.885 applications from January to October 2023, representing an increase of 4.7%. In the same period, 13.726 National Trademarks and ODS were granted (13.857 in 2022).
iv) The number of objects included in national Design applications decreased, going from 939 objects in January-October 2022 to 702 in the same period of 2023.
All statistical reports (annual and semi-annual) and monthly data related to applications and granting of Industrial Property Rights are available at the IP Observatory.
https://inpi.justica.gov.pt/en-gb/INPI-News/Industrial-Property-Rights-January-to-October-2023
On 16 November, the new European regulation on the protection of geographical indications (GIs) for crafts and industrial products (such as jewellery, textiles, glass, porcelain, etc.) took effect at EU level and will apply from December 1st 2025.
The European Union Intellectual Property Office (EUIPO), as the competent authority, will now develop the necessary procedures so that from December 1st 2025 it will be possible to apply for a European Union GI for crafts and industrial products.
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