I. EDITORIAL – CREATION AND REGULATION OF THE RAL+ PLATFORM; ESTABLISHMENT OF SPECIFIC FINANCING CONDITIONS BY THE RECOVERY AND RESILIENCE PLAN FOR OPERATIONS AIMED AT HOUSING HIGHER EDUCATION STUDENTS
The month of April was marked, in legislative terms, by the publication of Decree-Law no. 26/2024, of April 3, which creates and regulates the RAL+ Platform, and by the publication of Ordinance no. 136/2024/1, of April 3, which makes the second amendment to Ordinance no. 29-A/2022, of 10 January, which establishes the specific conditions for funding by the Recovery and Resilience Plan for operations aimed at housing higher education students.
Also noteworthy at a legislative level, are:
- Ordinance no. 128/2024/1 of April 2, which makes the sixth amendment to Ordinance no. 182/2018 of 22 June, which regulates the working conditions of administrative workers not covered by specific collective regulations.
- Ordinance 134/2024/1 of April 2, which establishes the extraordinary updating of the price of service contracts with a multiannual duration.
Within the scope of case law, the month of April is highlighted by the Judgment of the Constitutional Court no. 292/2024, of April 10, Case no. 12/2024, in which it was decided: "(...) to not declare unconstitutional the rule contained in article 62, no. 1, of the Law on the Organisation, Competence and Functioning of the Justice of the Peace Courts (Law no. 78/2001, of July 13), as amended by Law no. 54/2013, of July 31, in the interpretation according to which an appeal to the Courts of Appeal is not admissible against decisions of the district courts that hear challenges to decisions of the justices of the peace.".
II. LEGISLATION
Ordinance no. 125/2024/1, of April 1: Adopts the Specific Regulation for the Climate Action and Sustainability Thematic Area.
https://files.diariodarepublica.pt/1s/2024/04/06400/0004200078.pdf
Ordinance no. 126/2024/1, of April 1: Proceeds with the second amendment to Ordinance no. 286/2017, of 28 September, and the third amendment to Ordinance no. 287/2017, of 28 September.
https://files.diariodarepublica.pt/1s/2024/04/06400/0007900102.pdf
Ordinance no. 127/2024/1, of April 1: Extends the deadline laid down in article 1 of Ordinance no. 335/2023, of 3 November.
https://files.diariodarepublica.pt/1s/2024/04/06400/0010300103.pdf
Resolution of the Council of Ministers no. 61/2024, of April 2: Approves the National Strategy for the Integration of Homeless People 2025-2030.
https://files.diariodarepublica.pt/1s/2024/04/06500/0005100065.pdf
Ordinance no. 128/2024/1, of April 2: Proceeds with the sixth amendment to Ordinance no. 182/2018, of 22 June, which regulates the working conditions of administrative workers not covered by specific collective regulations.
https://files.diariodarepublica.pt/1s/2024/04/06500/0006600071.pdf
Ordinance no. 130/2024/1, of April 2: Regulates the fees due for land registry conservation operations and mere prior notification of land registry activities, as well as the fees due for certification of the land registry building form.
https://files.diariodarepublica.pt/1s/2024/04/06500/0007400077.pdf
Ordinance no. 134/2024/1, of April 2: Establishes the extraordinary updating of the price of service purchase contracts with a multiannual duration.
https://files.diariodarepublica.pt/1s/2024/04/06500/0008600088.pdf
Decree-Law no. 26/2024 of April 3: Creates and regulates the RAL+ Platform.
https://files.diariodarepublica.pt/1s/2024/04/06600/0000200007.pdf
Decree-Law no. 27/2024, of April 3: Amends the powers of the Commission for the Monitoring of Court Assistants.
https://files.diariodarepublica.pt/1s/2024/04/06600/0000800010.pdf
Ordinance no. 136/2024/1, of April 3: Proceeds with the second amendment to Ordinance no. 29-A/2022, of January 10, which establishes the specific conditions for financing by the Recovery and Resilience Plan for operations aimed at housing college students.
https://files.diariodarepublica.pt/1s/2024/04/06600/0008900091.pdf
Ordinance no. 139/2024/1, of 4 April: Approves the Statutes of the National Institute of Medical Emergency, I. P.
https://files.diariodarepublica.pt/1s/2024/04/06700/0000500016.pdf
Declaration of Rectification no. 20/2024/1, of April 5: Rectifies Ordinance no. 41/2024, of February 7, which amends Ordinance no. 105/2019, of April 10, approving the draft financing agreement to be concluded between the Portuguese State and the European Investment Fund, with a view to setting up the portfolio guarantee instrument known as the "Guaranteed Credit Line".
https://files.diariodarepublica.pt/1s/2024/04/06800/0004200042.pdf
Ordinance no. 142/2024/1, of April 5: Proceeds with the first amendment to the Statutes of the National Agency for Qualification and Vocational Education, I. P., approved in annex to Ordinance no. 168/2019, of May 30.
https://files.diariodarepublica.pt/1s/2024/04/06800/0004600049.pdf
Ordinance no. 150/2024/1, of April 8: Establishes the criteria for differentiating financial benefits within the scope of integrated management systems for specific waste streams covered by extended producer responsibility.
https://files.diariodarepublica.pt/1s/2024/04/06900/0000300010.pdf
Declaration of Rectification no. 23/2024/1, of April 12: Rectifies Ordinance no. 49/2024, of February 15, which regulates the Tenant and Landlord Counter.
https://files.diariodarepublica.pt/1s/2024/04/07300/0000200002.pdf
III. Public Procurement1 [NEW]
Announcement no. 5760/2024, of April 1: Design-build contract for a multi-family housing building, comprising 32 dwellings, distributed over three types, 16 one-bedroom units and 16 three-bedroom units, made up of a single block with 4 floors above ground and one floor below for parking - Municipality of Coimbra - €5,526,747.67 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417526549.pdf
Announcement no. 5768/2024, of April 1: Legal advisory services for the Mar2030 Managing Authority - Managing Authority of the Mar 2030 Programme - €456,500 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417530866.pdf
Announcement no. 5798/2024, of April 1: Social Housing - Flor de Infesta Housing Complex - S. Mamede de Infesta - Municipality of Matosinhos - €14,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417536658.pdf
Announcement no. 5815/2024, of April 1: Acquisition of Technical Advisory Services for the Implementation of the Investment Plan of AdTA 2024-2027 - Águas do Tejo Atlântico, S. A. - €3,750,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417541039.pdf
Announcement no. 5819/2024, of April 1: Limited Procurement by Prior Qualification for the conclusion of a Framework Agreement for the Shared Operation of Charging Points of the Electric Mobility Network in the Health Area - SPMS - Shared Services of the Ministry of Health, E. P. E. E. - €1,440,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417541258.pdf
Announcement no. 5823/2024, of April 1: 3023016407 - 3007 - NRE001 - CONSTRUCTION OF TWO SQUAD REFUELLING SHIPS - Ministry of National Defence - Navy - €100,000,000.00 - (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417542205.pdf
Announcement no. 5824/2024, of April 1: (DAG) Acquisition of a SWITCHS asset solution for pillar 1 - reform and modernisation of the health data network (PRR) [20240178] - SPMS – Shared Services of the Ministry of Health, E. P. E. E. - €4,952,226.11 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417541185.pdf
Announcement no. 5847/2024, of April 1: Contract 56/GEBALIS/2024 - Neighbourhood Carlos Botelho - Building rehabilitation and conservation works - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - €3,463,490.00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417540918.pdf
Announcement no. 5876/2024, of April 1: Contract for the Execution of the Wastewater Transport System from Alcains to the EE of the Castelo Branco North Wastewater Treatment Plant - Águas do Vale do Tejo, S. A. - € 3,750,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/064/417537743.pdf
Announcement no. 5895/2024, of April 2: Contract for the Rehabilitation of Social Housing Buildings in Neighbourhood of Matos - Cheirinhos within the scope of ELH and RRP - Municipality of Cascais - €2,031,090.37 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/065/417549375.pdf
Announcement no. 5926/2024, of April 2: Emp_DPGOM_2024_01_ Requalification of Alcanena Secondary School - Municipality of Alcanena - €4,828,437.21 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/065/417537313.pdf
Announcement no. 5930/2024, of April 2: Contract for the Construction of a Municipal Housing Building in Conceição da Abóboda in the Parish of S.D.Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,500,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/065/417548192.pdf
Announcement no. 5961/2024, of April 2: Contract by Lots for the Construction of 8 Municipal Housing Buildings in the Neighbourhood of Cruz Vermelha in the Parish of Alcabideche in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €8,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/065/417551456.pdf
Announcement no. 5971/2024, of April 2: Execution of the contract for the rehabilitation of the Esmoriztur building, in the parish of Esmoriz, with the aim of completing the rehabilitation of the building, under the terms and in accordance with the execution project, and in Ordinance to continue the contract for the Rehabilitation of the Esmoriztur Building - Esmoriz - whose contract was the subject of a revocation agreement of 09.10.2020, preceded by the administrative possession of the work, signed on 07.10.2020. - Municipality of Ovar - €2,694,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/065/417550346.pdf
Announcement no. 5993/2024, of April 2: Construction of a Residential Structure for the Elderly (ERPI) at Patronato - Patronato - Santa Mafalda Parish and Social Centre - €5,420,000.00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/065/417533896.pdf
Announcement no. 6015/2024, of April 3: Construction of a Building for a Residential Structure for the Elderly (ERPI), of S. José, in Ferreira - Paços de Ferreira – Parish and Social Centre of Ferreira - €3,507,507.73 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/066/417550905.pdf
Announcement no. 6108/2024, of April 3: Contract by Lots for the Rehabilitation of 3 Social Housing Buildings in the Mata da Torre Neighbourhood in the Parish of São Domingos de Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,274,560.88 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/066/417555733.pdf
Announcement no. 6109/2024, of April 3: Contract for the Rehabilitation of 4 Social Housing Buildings in Bairro dos Sete Castelos under the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,476,888.28 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/066/417560909.pdf
Announcement no. 6111/2024, of April 3: Contract by Lots for the Rehabilitation of 6 Social Housing Buildings in Bairro do Zambujal in the parish of São Domingos de Rana in the Municipality of Cascais under the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €2,508,819.51 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/066/417562189.pdf
Announcement no. 6112/2024, of April 3: Contract for the Rehabilitation of Social Housing Buildings in the Neighbourhood of Alcoitão - 1st Phase within the scope of the ELH and PRR - Municipality of Cascais - €2,534,99.58 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/066/417562245.pdf
Announcement no. 6168/2024, of April 4: Renewal of Microsoft Software Licensing/Maintenance - 2024/2027 - Lots 1 and 2 - Infraestruturas de Portugal, S. A. - €9,597,852.33 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/04/067/417544222.pdf
Announcement no. 6178/2024, of April 4: Acquisition of Consultancy Services and Legal Mandate - Águas do Douro e Paiva, S.A. - €36,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/067/417561321.pdf
Announcement no. 6207/2024, of April 4: Contract to extend and upgrade the Oliveira do Hospital Health Centre building - Municipality of Oliveira do Hospital - €2,309,633.75 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/067/417566555.pdf
Announcement no. 6216/2024, of April 4: Contract by Lots for the Rehabilitation of 4 Social Housing Buildings in the Neighbourhood of Brejos - Alto do Mação in the parish of São Domingos de Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,731,053.76 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/067/417566782.pdf
Announcement no. 6223/2024, of April 4: Contract for the Rehabilitation of Social Housing Buildings in the Neighbourhood of Abóboda under the scope of the ELH and PRR - Municipality of Cascais - €2,992,053.44 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/067/417537021.pdf
Announcement no. 6286/2024, of April 5: International Public Procurement Procedure ref. CPIUSGCI-03/2024 for the supply of electricity (MV, BTE and BTN), under an indexed price regime for mainland Portugal, to the facilities of the University of Minho and SASUM, in the cities of Braga and Guimarães - University of Minho - € 13,204,310.94 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/068/417552647.pdf
Announcement no. 6295/2024, of April 5: Contract for the construction of three blocks of buildings and a common outdoor area, providing for the construction of a total of 142 dwellings. Três Vales Housing Estate, Almada - Housing and Urban Rehabilitation Institute, I. P. - € 27,800,000.00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/04/068/417553254.pdf
Announcement no. 6340/2024, of April 5: Procurement for the supply of natural gas and maintenance of filling stations for the fleet of Carris de Lisboa – Company Carris de Ferro de Lisboa, E. M., S. A. - €28,466,574.04 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/068/417544239.pdf
Announcement no. 6416/2024, of April 8: Requalification of EB 2,3 in Eiriz - Municipality of Paços de Ferreira - €4,035,070.88 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/069/417562278.pdf
Announcement no. 6479/2024, of April 8: Acquisition of application administration licences and security and privacy products for the Digital Education Platform (PDE). PRR measure and investment: PRR sub-investment TDC20-i01, in project 12683 - Institute of Education Financial Management, I.P. - €4,185,700.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/069/417569633.pdf
Announcement no. 6486/2024, of April 8: Contract for the Rehabilitation of Buildings B6D/B7A, Urbanisation of Urmeiras, Loures - Loures City Council - €8,235,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/069/417514309.pdf
Announcement no. 6506/2024, of April 8: Acquisition of Black and White and Colour Copying and Printing Services for ISS, I.P. Services for the three-year period 2024-2026 -Social Security Institute , I. P. - €2,675,211.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/069/417565186.pdf
Announcement no. 6558/2024, of April 8: Contract by Lots for the Rehabilitation of the 6 Social Housing Buildings of the Cabeço de Bicesse Neighbourhood in the Alcabideche Parish of the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €2,458,601.18 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/069/417573504.pdf
Announcement no. 6566/2024, of April 8: Refurbishment contract for Building E – Local Health Unit of Gaia/Espinho, E. P. E. E. - €1,150,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/069/417571155.pdf
Announcement no. 6645/2024, of April 9: Construction contract for the requalification, rehabilitation and extension of a building for student accommodation at the Portuguese Red Cross Northern School of Health - Portuguese Red Cross - €1,318,480.03 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/070/417571471.pdf
Announcement no. 6660/2024, of 9 April: Contract 2024_12 DIT (DCP/DOM) Design-Build Multifamily Housing Building on Street Miguel Bombarda in Torres Novas - Municipality of Torres Novas - €1,238,938.68 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/070/417576461.pdf
Announcement no. 6661/2024, of April 9: Contract 2024_11_DIT(DCP/DOM) Design-Build Multifamily Housing Building on Street of Fábrica in Torres Novas - Municipality of Torres Novas - €2,275,501.30 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/070/417576129.pdf
Announcement no. 6681/2024, of April 9: Acquisition of Technical Advisory Services under the RGPC, RGPDI, Internal Control Standard adapted to SNC-AP and RGPD - Alcochete City Council - €124,000.00 - (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/070/417580543.pdf
Announcement no. 6913/2024, of April 11: Contract for the construction of the "Santarém Football Academy" - Municipality of Santarém - €3,587,875.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/072/417574899.pdf
Announcement no. 6953/2024, of April 12: Construction Contract for the Housing Building at Street of Verónica - Lisboa - Lisboa Ocidental, SRU – Urban Rehabilitation Company, EM, S.A. - €5,735,070.82 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/073/417581856.pdf
Announcement no. 6985/2024, of April 12: Provision of school transport services - 2024/2025 school year - Municipality of Silves - €1,352,192.40 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/073/417582722.pdf
Announcement no. 6989/2024, of 12 April: Contract for the Conversion of a Building for an Autonomous daycare centre 7 - Rua Fresca - Lisboa Ocidental, SRU – Urban Rehabilitation Company, EM, S.A. - €3,741,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/073/417592483.pdf
Announcement no. 7078/2024, of April 12: Emp_DPGOM_2024_10_Rehabilitation of Neighbourhood Timor Lorosae - Alcanena - Municipality of Alcanena - €4,145,441.55 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/073/417598623.pdf
Announcement no. 7124/2024, of April 15: Purchase of IT equipment - Health Service of the Autonomous Region of Madeira, EPE-RAM - €1,284,698.75 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417589762.pdf
Announcement no. 7133/2024, of April 15: Public Procurement with publication of notice in the Official Journal of the European Union | OJEU for the acquisition of Microsoft Software Licensing and Related Services for NHS Entities and the Ministry of Health. - SPMS – Shared Services of the Ministry of Health, E. P. E. - €9,670,823.19 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417593625.pdf
Announcement no. 7149/2024, of April 15: Provision of Public Service for Regular Passenger Transport in the Municipality of Santo Tirso - Municipality of Santo Tirso - €2,071,392.61 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417592548.pdf
Announcement no. 7150/2024, of April 15: Social Housing - Flor de Infesta Housing Complex - S. Mamede de Infesta - Municipality of Matosinhos - €14,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417591202.pdf
Announcement no. 7165/2024, of 15 April: Conclusion of a Framework Agreement for the Provision of Workers' Compensation Insurance Services – SPMS - Shared Services of the Ministry of Health, E.P.E. - €50,380,743.62 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417596088.pdf
Announcement no. 7170/2024, of April 15: Purchase of travel, air and land transport, accommodation and car rental services for the three-year period from 2025 to 2027 - Public Security Police - €3,300,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417597627.pdf
Announcement no. 7174/2024, of April 15: Contract for the Rehabilitation of Buildings B6D/B7A, Urbanisation of Urmeiras, Loures - Loures City Council - €8,235,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417592767.pdf
Announcement no. 7235/2024, of 15 April: CP 1779-2024 Rehabilitation of the Oncology Building of the Vila Real hospital unit of ULSTMAD, EPE (Project no. 3788 - financed by the PRR) - Centro Hosp. de Trás-Os-Montes e Alto Douro, EPE- €1,536,464.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417603433.pdf
Announcement no. 7248/2024, of April 15: BNAUT-QUEBEDO - public works contract for the rehabilitation of the Quebedo Palace building, in order to provide temporary housing for homeless people, supported by a diversified set of basic and social support services, in close connection with other community resources and with the appropriate technical support, in order to promote social integration and autonomy. - Setúbal City Council - €2,172,551.18 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417598397.pdf
Announcement no. 7249/2024, of April 15: BNAUT - ARRONCHES JUNQUEIRO - whose object is the rehabilitation, alteration and extension of three buildings, functionally interconnected in terms of structure and infrastructure, located in the block formed by Street of Arronches Junqueiro (nos. 45 to 53), Crossing Francisco Pereira (nos. 10 to 14) and Street of Eito (nos. 16 to 32), in the heart of Setúbal's historic centre, to adapt these buildings for the installation of a Reception Centre, Social Reintegration Programme, subscribed to the National Urgent and Temporary Accommodation Grant, through an extensive programme of interior demolitions, opening of exterior openings and extension of the -1 floor with the introduction of a lift - Setúbal City Council - €2,468,182.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/074/417599952.pdf
Announcement no. 7300/2024, of April 16: Contract 2024_05 DIT(DOM) Cultural Quarter - Torres Novas - Municipality of Torres Novas - € 3,950,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/075/417604551.pdf
Announcement no. 7379/2024, of April 17: AR063 E1 Construction of workshop indoor arena, warehouses, parts park, administrative support and support services - SIMDOURO – Sanitation in Greater Porto, S.A. - €1,200,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/076/417611882.pdf
Announcement no. 7426/2024, of April 17: Acquisition of legal services in the context of administrative offence proceedings - General Inspection of Agriculture, the Sea, the Environment and Spatial Planning - €80,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/076/417613623.pdf
Announcement no. 7435/2024, of April 17: Construction of the new facilities for the PSP Police Division in Maia - Interadministrative Contract with the Ministry of Internal Affairs - Municipality of Maia - €4,990,932.42 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/076/417613997.pdf
Announcement no. 7464/2024, of April 17: Contract for the construction of Buildings 2 and 3, commerce, parking, square and exteriors, of the ULisboa University Residences in the University City of Lisbon - University of Lisbon - €41,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/076/417598948.pdf
Announcement no. 7491/2024, of April 18: Contract to Promote Accessibility, Mobility and Road Safety Conditions - link between Road Vitorino Nemésio and the Angra ring road - Regional Directorate for Public Works - € 6,891,672.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417603539.pdf
Announcement no. 7494/2024, of April 18: Design-build contract for the Palacete Visconde of Cidraes student residence, located at Street 5 de Outubro, in Portalegre - Polytechnic Institute of Portalegre - € 3,971,848.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417616442.pdf
Announcement no. 7507/2024, of April 18: Requalification and extension of the Sininhos School in Póvoa de Varzim - Póvoa de Varzim Municipality - €1,760,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417616101.pdf
Announcement no. 7530/2024, of April 18: Rehabilitation and Adaptation of Building for the implementation of the Chefs School - Castelo Branco Municipality - € 2,825,210.64 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417614085.pdf
Announcement no. 7543/2024, of April 18: Construction contract for the Arts Indoor Arena - Building 14 on the Gambelas Campus - University of the Algarve - € 1,576,766.99 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417601684.pdf
Announcement no. 7561/2024, of 18 April: Construction of the Alpiarça Family Health Unit and External Arrangements - Municipality of Alpiarça - € 2,118,427.48 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417618313.pdf
Announcement no. 7562/2024, of April 18: Building rehabilitation and conservation works contract - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - € 2,776,840.00 (GovYear)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417617366.pdf
Announcement no. 7570/2024, of April 18: Construction Contract for the New Health Centre in Santiago do Cacém – Local Health Unit of Litoral Alentejano EPE - € 5,000,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417618679.pdf
Announcement no. 7596/2024, of April 18: Contract by Lots for the Rehabilitation of 3 Social Housing Buildings in the Mata da Torre Neighbourhood in the Parish of São Domingos de Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - € 1,274,560.88 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417609152.pdf
Announcement no. 7612/2024, of April 18: Contract for the Construction of a Municipal Housing Building in Conceição da Abóboda in the Parish of S. D. Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,500,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417609096.pdf
Announcement no. 7613/2024, of April 18: Contract for the Rehabilitation of Social Housing Buildings in Bairro da Abóboda under the scope of ELH and RRP - Municipality of Cascais - € 2,992,053.44 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417609988.pdf
Announcement no. 7615/2024, of April 18: Contract for the Rehabilitation of 13 Social Housing Buildings in Bairro Novo do Pinhal under the scope of ELH and RRP - Municipality of Cascais - € 4,024,884.69 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/077/417609769.pdf
Announcement no. 7634/2024, of April 19: Contract for the Rehabilitation of Social Housing Buildings in Bairro de Matos-Cheirinhos within the scope of ELH and RRP - Municipality of Cascais - € 2,031,090.37 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417610448.pdf
Announcement no. 7637/2024, of April 19: Contract for the Rehabilitation of Social Housing Buildings in the Bairro de Alcoitão - 1st Phase within the scope of the ELH and RRP - Municipality of Cascais - € 2,534,997.58 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417610789.pdf
Announcement no. 7643/2024, of April 19: Contract for the Rehabilitation of Social Housing Buildings in Bairro da Abuxarda within the scope of the ELH and RRP - Municipality of Cascais - € 1,958,658.44 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417611574.pdf
Announcement no. 7644/2024, of April 19: Contract for the Rehabilitation of Social Housing Buildings in the Pau Gordo Neighbourhood within the scope of ELH and RRP - Municipality of Cascais - € 1,291,850.60 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417609825.pdf
Announcement no. 7646/2024, of April 19: Contract for the Construction of 2 Municipal Housing Buildings in Talaíde in the Parish of S.D. Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - € 3,200,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417611177.pdf
Announcement no. 7657/2024, of April 19: Acquisition of property damage and operating loss insurance services for Electricidade dos Açores, S.A., and EDA Renewable, S.A. - EDA - Electricidade dos Açores, S.A - € 3,832,128.30 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417608642.pdf
Announcement no. 7670/2024, of April 19: Proc. 04/DCH/2024 - Construction of the New Housing Programme for Quinta das Acácias - 42 dwellings, Carnaxide (NPH/03) - Municipality of Oeiras - €5,282,287.20 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417606196.pdf
Announcement no. 7682/2024, of April 19: Contract by Lots for the Rehabilitation of 6 Social Housing Buildings in the Cabeço de Bicesse Neighbourhood in the Alcabideche Parish of the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €2,458,601.18 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417610261.pdf
Announcement no. 7683/2024, of 19 April: Contract for the Rehabilitation of 4 Social Housing Buildings in the Sete Castelos Neighbourhood under the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,476,888.28 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417610034.pdf
Announcement no. 7684/2024, of April 19: Contract by Lots for the Rehabilitation of 4 Social Housing Buildings in the Brejos Neighbourhood - Alto do Mação in the parish of São Domingos de Rana in the Municipality of Cascais within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €1,731,053.76 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417609858.pdf
Announcement no. 7685/2024, of April 19: Contract by Lots for the Rehabilitation of 6 Social Housing Buildings in the Zambujal Neighbourhood in the parish of São Domingos de Rana in the Municipality of Cascais, within the scope of the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €2,508,819.51 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/078/417608504.pdf
Announcement no. 7772/2024, of April 22: Public Procurement No. 284/DITC/2024 Public Procurement for the renewal of Microsoft licensing for Nav Portugal, E.P.E. – AIR Navigation of Portugal - NAV Portugal, E.P.E. - € 1,553,000.00 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417625822.pdf
Announcement no. 7781/2024, of April 22: Acquisition and Maintenance of the Microsoft Software Licence installed on the Computers and Servers of Odivelas City Council - Municipality of Odivelas - €1,028,792.49 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417605945.pdf
Announcement no. 7808/2024, of April 22: 2024_040CP - Signing of health insurance contract and acquisition of brokerage services for Águas de Portugal Group companies - AdP - Águas de Portugal, SGPS, S. A. - € 2,656,901.44 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417615787.pdf
Announcement no. 7809/2024, of April 22: 2024_041CP - Conclusion of health insurance contract and acquisition of brokerage services for Águas de Portugal Group companies - AdP - Águas de Portugal, SGPS, S. A. - €2,601,813.15 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417616207.pdf
Announcement no. 7823/2024, of April 22: Contract for the Rehabilitation of Social Housing Buildings the Miradouro Neighbourhood within the scope of the ELH and RRP - Municipality of Cascais - €1,479,548.30 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417623068.pdf
Announcement no. 7831/2024, of April 22: Local housing strategy: Municipal housing under supported tenancy - Barreiros - Póvoa de Varzim municipality - €6,146,828.01 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417624964.pdf
Announcement no. 7832/2024, of 22 April: Requalification of EB 2,3 in Frazão - Municipality of Paços de Ferreira - €3,745,135.56 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417625936.pdf
Announcement no. 7843/2024, of April 22: Rehabilitation of the Carregal do Sal Health Centre - Carregal do Sal Municipality - €2,550,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417621878.pdf
Announcement no. 7844/2024, of April 22: Refurbishment and extension of the S. João da Pesqueira Fire Station - Humanitarian Association of Volunteer Firefighters of São João da Pesqueira - €1,122,714.53 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/079/417626543.pdf
Announcement no. 7925/2024, of April 23: Requalification (Alteration and Extension) of Tábua Secondary School - Municipality of Tábua - € 5,298,436.78 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/080/417631151.pdf
Announcement no. 7997/2024, of April 23: Construction of the new facilities of the PSP Police Division of Maia - Interadministrative Contract with the Ministry of Internal Affairs - Municipality of Maia - € 4,990,932.42 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/080/417626721.pdf
Announcement no. 8009/2024, of April 23: Construction of 8 dwellings - Avenue 25 de Abril, N.º 61 - Malveira - Municipality of Mafra - €1,531,995.48 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/080/417632083.pdf
Announcement no. 8065/2024, of April 24: Contract for the Construction of a daycare centre in Vila Nova de Milfontes - Vila Nova de Milfontes Social Solidarity Association - € 1,506,723.31 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/081/417637487.pdf
Announcement no. 8077/2024, of April 24: CM2 - Contract for the construction of a Modular Daycare centre in the Boavista Neighbourhood - Lisboa Ocidental, SRU - Urban Rehabilitation Company, EM, S.A. - € 2,216,953.52 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/081/417636206.pdf
Announcement no. 8078/2024, of April 24: Contract for Conversion of Building for Autonomous Daycare 7 – Street Fresca - Lisboa Ocidental, SRU – Urban Rehabilitation Company, EM, S.A. - € 3,741,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/081/417635478.pdf
Announcement no. 8084/2024, of April 24: Contract No. 9/2024 - Renovation of Student Residence - Residence I - University of Beira Interior - € 2,870,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/081/417637187.pdf
Announcement no. 8087/2024, of April 24: Construction of the Leceia Housing Programme (NPH/07) - 96 dwellings, Barcarena - Municipality of Oeiras - € 20,010,764.91 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/081/417624234.pdf
Announcement no. 8110/2024, of 24 April: Execution of the contract for the requalification of the Esmoriztur building, in the parish of Esmoriz, with the aim of completing the rehabilitation of the building - Municipality of Ovar - € 2,694,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/081/417634651.pdf
Announcement no. 8157/2024, of April 26: CTE Industrial requalification contract - EPAVE – Professional School of Alto Ave, E.M. - €1,134,165.39 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/082/417636482.pdf
Announcement no. 8160/2024, of April 26: Contract for the Rehabilitation of 31 Houses (T1 and T2) located in Bairro do Terreiro in the Parish of São Mateus - Municipality of Angra do Heroísmo - €1,996,684.97 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/082/417639593.pdf
Announcement no. 8197/2024, of April 26: Proc. 10/DCH/2024 - Construction of the New São Marçal Housing Programme - 40 dwellings, Carnaxide (NPH/05) - Municipality of Oeiras - €7,112,834.74 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/082/417627661.pdf
Announcement no. 8234/2024, of April 26: Design and Construction of 48 Municipal Housing Units in Cerrado Da Mira - Amadora - Municipality of Amadora - € 7,247,460.86 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/082/417627597.pdf
Announcement no. 8247/2024, of April 26: Execution of works to improve EB 2+3 in Alfornelos - Municipality of Amadora - € 3,873,515.89 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/082/417628666.pdf
Announcement no. 8251/2024, of April 26: Proc. 16/DCH/2024 - PRR - Architectural Requalification in the Páteo dos Cavaleiros Neighbourhood - Carnaxide - 36 Buildings - Municipality of Oeiras - €8,311,506.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/082/417628617.pdf
Announcement no. 8275/2024, of April 29: Acquisition of Microsoft Software Licensing 2024-2025 - Instituto do Emprego e Formação Profissional, IP - €1,850,553.98 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417640459.pdf
Announcement no. 8282/2024, of April 29: Contract for the Requalification and Expansion of the São João do Estoril Secondary School - Municipality of Cascais - € 12,200,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417639309.pdf
Announcement no. 8290/2024, of April 29: Contract for the construction of the new building for the Centre for the Production and Dissemination of Knowledge of the Polytechnic Institute of Tomar - Polytechnic Institute of Tomar - €1,300,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417644185.pdf
Announcement no. 8304/2024, of April 29: Contract for the Design and Construction of the Green Hydrogen Production Unit in Alto da Serra - Marte Boémio - Unipessoal Lda - € 7,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417640783.pdf
Announcement no. 8322/2024, of 29 April: Contract for the construction of Buildings 2 and 3, commerce, parking, square and exteriors, of the ULisboa University Residences in the University City of Lisbon - University of Lisbon - €41,000,000.00 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417641196.pdf
Announcement no. 8353/2024, of April 29: Acquisition of External Legal Advisory Services, and Forensic Representation, within the scope of Tax Law, Administrative Law, Labour Law, Commercial Law, Environmental Law - Maiambiente, EM - €63,000.00 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417645757.pdf
Announcement no. 8357/2024, of April 29: Requalification and Expansion of the S. Lourenço Thermal Spa - Municipality of Carrazeda de Ansiães - €1,450,772.65 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417645254.pdf
Announcement no. 8364/2024, of April 29: Construction of a building for the Residential Structure for the Elderly (ERPI) and Home Support Service (SAD) of CRIVA – Retirement Centre for the Elderly of Vale Amoreira - €5,243,800.96 (AnoGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417635867.pdf
Announcement no. 8367/2024, of April 29: Rehabilitation of Paredes Primary and Secondary School - Municipality of Paredes - €4,428,814.05 (Vortal)
https://files.diariodarepublica.pt/cp_hora/2024/04/083/417644574.pdf
Announcement no. 8421/2024, of April 30: Contract for the Execution of the Drainage and Pumping Systems of the Carapito, Cortiçada and Dornelas Subsystems (Aguiar da Beira) and the Celorico da Beira 1 Pumping System (Celorico da Beira) - Águas do Vale do Tejo, S. A. - €3,300,000 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/084/417647028.pdf
Announcement no. 8436/2024, of April 30: Contract for the construction of a daycare centre at Colégio de Gaia - Priest Manuel Nédio de Sousa Foundation - €1,500,000 (AcinGov)
https://files.diariodarepublica.pt/cp_hora/2024/04/084/417651004.pdf
[1] Public Tenders with a base price of more than €1,000,000.00 (one million euros), except Public Tenders whose object is legal services.
IV. CASE-LAW
IV.1. Court of Justice of the European Union
Judgment of the Court (Third Chamber) of April 11, Case C-741/21: Reference for a preliminary ruling. Protection of natural persons with regard to the processing of personal data. Regulation (EU) 2016/679. Article 82. Right to compensation for damage caused by data processing that infringes that regulation. Concept of "non-material damage". Impact of the seriousness of the damage suffered. Liability of the controller. Possible exemption in the event of default of a person acting under his or her authority within the meaning of Article 29. Assessment of the amount of compensation. Inapplicability of the criteria laid down for administrative fines in Article 83. Assessment in the event of multiple breaches of this regulation.
Summary:
" 1. Article 82 no. 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as meaning that an infringement of provisions of that regulation which confer rights on the data subject is not sufficient, in itself, to constitute ‘non-material damage’ within the meaning of that provision, irrespective of the degree of seriousness of the damage suffered by that person.
2. Article 82 of Regulation 2016/679 must be interpreted as meaning that it is not sufficient for the controller, in order to be exempted from liability under paragraph 3 of that article, to claim that the damage in question was caused by the failure of a person acting under his or her authority, within the meaning of Article 29 of that regulation.
3. Article 82 no. 1 of Regulation 2016/679 must be interpreted as meaning that in order to determine the amount of damages due as compensation for damage based on that provision, it is not necessary, first, to apply mutatis mutandis the criteria for setting the amount of administrative fines laid down in Article 83 of that regulation and, second, to take account of the fact that several infringements of that regulation concerning the same processing operation affect the person seeking compensation. "
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62021CJ0741
Judgment of the Court (First Chamber) of April 18, Case C-22/23: Reference for a preliminary ruling. Prevention of the use of the financial system for the purpose of money laundering or terrorist financing. Directive (EU) 2015/849. Scope. Obliged entity. Article 3 no. 7(c). Concept of "trust or company service provider ". Provision of a registered office. Owner of immovable property who has entered into lease agreements with legal persons. Registration of the registered office of such legal persons in that immovable property.
Summary:
"Article 3 no. 7(c) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018, must be interpreted as meaning that the leasing owner of real estate in which the lessee registers, with the consent of the leasing owner, its registered office and carries out transactions does not, by that fact alone, fall within the scope of the concept of a ‘trust or company service provider’, within the meaning of that provision.”
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0022
Judgment of the Court (Third Chamber) of April 25, Case C-276/22: Reference for a preliminary ruling. Articles 49 and 54 TFEU. Freedom of establishment. Company established in one Member State but carrying out its activities in another Member State. Operation and management of the company. National legislation providing for the application of the law of the Member State in which a company carries on its activities. Restriction on freedom of establishment. Justification. Protection of the interests of creditors, minority shareholders and employees. Combating abusive practices and artificial arrangements. Proportionality.
Summary:
“Articles 49 and 54 TFEU must be interpreted as precluding legislation of a Member State which provides generally for its national law to apply to the acts of management of a company established in another Member State but carrying on the main part of its activities in the first Member State.”
https://eur-lex.europa.eu/legal-content/PT/TXT/HTML/?uri=CELEX:62022CJ0276
IV.2. Constitutional Court
Judgement of the Constitutional Court no. 290/2024, of April 10, Case no. 772/2022:
"On these terms and on these grounds, it is decided:
a) Not to declare unconstitutional the rule that typifies the crime of mistreatment of a pet animal, contained in article 387, paragraphs 1 and 2, of the Penal Code, as amended by Law no. 69/2014, of 29 August.
b) Grant the appeal, ordering that the contested decision be reformed in accordance with the ruling on the question of constitutionality."
https://www.tribunalconstitucional.pt/tc/acordaos/20240290.html
Judgement of the Constitutional Court no. 292/2024, of April 10, Case no. 12/2024:
"On these terms and on these grounds, it is decided:
a) not to recognise the object of the appeal in relation to the rule contained in Article 629(1) of the Code of Civil Procedure;
b) not to declare unconstitutional the rule contained in article 62, paragraph 1, of the Law on the Organisation, Competence and Operation of Justice of the Peace Courts (Law no. 78/2001, of July 13), as amended by Law no. 54/2013, of July 31, in the interpretation according to which an appeal to the courts of appeal is not admissible against the decisions of the district courts that hear challenges to the decisions of the justice of the peace courts; and, consequently,
c) dismiss the appeal, in so far as it is cognisable."
https://www.tribunalconstitucional.pt/tc/acordaos/20240292.html
IV.3. Judicial Courts
Judgement of the Supreme Court of Justice, of April 10, Case no. 404/14.1T8BJA.E1.S1: Non-contractual liability. Road Traffic Accident. Death Damage. Biological Damage. Future Damages. Non-Patrimonial Damages. Property Damages. Indirect Damages. Third Party Rights. Parent. Funeral expenses. Calculation of compensation. Criteria. Fairness. Powers of the Supreme Court of Justice. Court of Justice of the European Union. Reference for a preliminary ruling. Community Directive. European Union Law. Binding force.
Summary:
"I. Our Civil Code does not expressly contain any rule specifying the circle of subjects to whom the right to compensation for damages resulting from a harmful event in the field of tort liability falls. However, in principle, the right to compensation rests solely with the person or persons entitled to the legally protected right or interest, i.e. the injured parties.
II. Although we must accept an atypical conception of the types of injury, meaning that the wrongfulness caused indirectly is still relevant, it does not seem, in terms of positive law, that, in the event of a person's death, the law attributes to any "third party" the right to compensation, under art.483 no. 1 (1st part) of the Civil Code.
III. Article 495 of the Civil Code is a rule of an exceptional nature, so only in the cases provided for in the article does the law allow compensation for indirect property damage caused to third parties, and so "indirect" property damage which, outside of the provision, is indirectly caused to third parties is not compensable.
IV. The case law of the CJEU has also held that Directive 2009/103 of the European Parliament and of the Council of 16/09/2009, like the directives it codifies, is not intended to harmonise the civil liability systems of the Member States and that, in the current state of EU law, Member States remain free to determine the civil liability regime applicable to accidents arising from the use of motor vehicles, so that Member States remain, in principle, free to determine, in particular, which damage caused by motor vehicles must be the subject of compensation, the scope of the right to compensation and the persons who are entitled to it.
V. Thus, the obligation to cover damage caused to third parties by motor vehicles through civil liability insurance is defined and guaranteed by EU regulations, while the extent of compensation for such damage under the insured's civil liability is essentially regulated by national law.
VI. EU law, and in particular the Motor Insurance Directives codified in Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009, which consolidated and replaced the previous directives, does not require compensation for the property damage indirectly suffered by the appellants as a result of the death of their daughter, and which is not provided for in Article 495 of the Civil Code, and there is no disagreement between the provisions of that law and the aforementioned Directive in the interpretation that has been followed by the CJEU.
VII. The jurisprudence of the CJEU has consistently recognised the waiver of the obligation to raise a preliminary question of interpretation, on the grounds that it cannot be appealed, in the following situations:
(i) when the question of EU law raised is impertinent or unnecessary for the resolution of the specific dispute;
(ii) where the CJEU has already ruled firmly on the question to be referred in a similar case, by way of reference or other procedural means, given the erga omnes effect of its rulings;
(iii) where the national court considers that the applicable EU rules do not give rise to interpretative doubts or are sufficiently clear and definite to be applied immediately, whereby the clarity of the applicable rules must result from their teleological and systematic interpretation and from reference to the historical, social and economic context in which they were adopted.
VIII. The CJEU cannot be called upon to rule, in the context of a reference for a preliminary ruling, on the interpretation to be given to provisions of our national law or of any other European legal order, since that is not the competence that the Treaties have conferred on the CJEU.
IX. Today there is a concern to overcome the traditional category of "moral damage", broadening its spectrum to include other manifestations that the injury causes in the person, and no longer simply emotional disturbance, pain or suffering, seeking to erect a new model centred on "personal damage" that affects the ontological structure of the human being, understood as a psychosomatic entity and sustained in its freedom, corresponding to only two categories of damage: "psychosomatic damage" and "damage to the life project", with off-balance sheet consequences, this being the conception that best suits the nature and purpose of compensation for off-balance sheet/personal damage, placing the focus on the victim, with implications for compensatory (re)valuation, maximised by the principle of full reparation.
X. Proving that as a result of a road accident, caused exclusively by the driver of the insured vehicle, the Plaintiffs' (parents') daughter died, being their only child, aged 22, who lived together with her parents, and that they were deeply shaken psychically and emotionally and involved in great sadness, and that the death of their only daughter affected the Plaintiffs permanently and irreversibly, namely at a psychic, psychiatric or neurological level, with medical monitoring, The Plaintiffs developed psychological disorders, characterised by depressive mood and anxious manifestations, difficulty in adapting to the loss suffered, with avoidance behaviours that meet the diagnostic criteria for Post-Traumatic Stress Disorder and that this condition has a slight impact on their personal, social and professional autonomy, which can be valued at 9 points, the non-pecuniary damage should be estimated at €50.000.00 (fifty thousand euros) for each of the parents."
Judgement of the Supreme Court of Justice, of April 12, Case no. 34/14.8T8PNF-A.P1.S1: Traffic accident. Accident at Work. Accumulation of Compensation. Exclusion of Liability.
Summary:
"I- Since the accident was both a road accident and a work accident, the compensation for wage losses associated with incapacity for work, established in the work accident case, does not exclude compensation for physical damage, in its patrimonial aspect, since the damages to be compensated are distinct.
II- Compensation for physical damage, in addition to compensating for the loss of earning capacity, also aims to compensate the injured party for the functional limitations that are reflected in the greater hardship and effort involved in carrying out daily activities and in the deprivation of future professional opportunities.
III- The exclusion of liability contemplated in article 17, paragraphs 2 and 3, of Law no. 98/2009, of 04/09 (which corresponds to the process provided for in article 151, paragraph 1, of the Labour Procedure Code) is (only) limited to the part of the civil compensation corresponding to the damages reflected in the labour process (even if the civil compensation is based on the injured party's remuneration that is higher than that considered in the reparatory benefits arising from the accident at work)."
Judgement of the Supreme Court of Justice, of 23 April, Case no. 400/19.2T8CSC.L2.S1: Maintenance Obligation. Right to Maintenance. Ex-spouse. Civil Action. Filing of the action. Retroactivity. Principle of Actuality. Final Decision. Interpretation of the Law. Literal interpretation.
Summary:
"1. The obligation to pay maintenance, the requirements of which are recognised in the respective action, covers maintenance due since the action was brought.
2. Neither the letter nor the thought of the legislator, in establishing in the first part of Article 2006 of the Civil Code the principle of retroactivity of the maintenance obligation to the date on which the action is brought, is suited to a corrective interpretation which, by modifying the definition of the moment from which maintenance is due, postpones the start of the maintenance obligation to the date of the final judgement."
Judgement of the Lisbon Court of Appeals, of April 10, Case no. 20831/22.0T8LSB.L1-4: Irreducibility of Remuneration. Competition. Professional Career. Professional Category.
Summary:
"I. The guarantee of irreducibility of remuneration supposes that the worker continues to carry out the same activity or, failing that, that it is not for reasons of the worker's exclusive interest.
II. If the worker, as part of an internal company competition, moves to a substantially different and less remunerated category, and a different Company Agreement applies, he/she is not entitled to keep the remuneration corresponding to the previous duties.
III. Good faith does not oblige the employer to inform the worker of all the conditions he will encounter, and it is the candidate who must first ascertain what is accessible and of interest to him, namely remuneration."
Judgement of the Coimbra Court of Appeals, of April 9, Case no. 3963/18.6T8VIS-A.C1: Lawyer's fees. Ban of "Quota Litis". Success Fee" clause.
Summary:
"1. - In the context of the stipulation and setting of lawyer's fees, the so-called quota litis - an agreement entered into between the lawyer and his client, prior to the conclusion of the litigation, making the right to fees depend exclusively on the result obtained, obliging the client to pay the representative part of the result that will be obtained, be it a sum of money or another good or value - being prohibited in the defence of the interest of loyalty, professional independence of the lawyer, the so-called success fee clause is already admissible, which translates, as in the case at hand, into a prior agreement on the amount to be paid to the lawyer in the end, in terms of the respective fees being calculated according to a fixed, pre-determined amount, and another variable amount, the latter representing an increase according to the result/win obtained, with a calculation method that is also pre-defined.
2. - In order to be able to enforce the success fee clause, the plaintiff/attorney has the burden of alleging and proving the facts in order to demonstrate the existence and amount of the result/gain obtained.
3. - The plaintiff claims that his client was obliged to pay, as legal representation fees in a precautionary procedure, in addition to a fixed amount of €5.000.00, the amount corresponding to 6% of the "earned value", as the "value of the safeguarded assets" (success fee), and the proceedings having been terminated by the plaintiff's withdrawal, because the parties had reached an agreement (formalised outside the proceedings) on the substance of the dispute (contractual), the determination of the existence and amount of that "earned value" (success) depended on the definition/composition of interests reached in that underlying agreement.
4. - Only if it is proven that there were negotiations which led to this agreement - the details of which have not been demonstrated, as regards the aforementioned composition of interests/rights - with the consequent withdrawal and extinction of the proceedings, is there no place for the award of success fees."
Judgement of the Guimarães Court of Appeals, of April 4, Case no. 945/21.4T8PTL-A.G1: Breach of Professional Secrecy. Lawyers. Refusal. Main Interest.
Summary:
"I - The only organisation that can release a lawyer (or anyone who collaborates with him) from the duty of professional secrecy is the president of the regional council of the Bar Association, and not the lawyer's own client.
This is because professional secrecy is not only intended to guarantee the private interests of the client and their contractual relationship with the lawyer, but also has a public purpose, embodied in the correct and effective administration of justice, and a social and deontological nature inherent to the exercise of the profession itself.
II - If a lawyer (or anyone who collaborates with him) invokes the duty of professional secrecy as a reason for not giving evidence, and this refusal is considered legitimate by the court of first instance, it is up to the Court of Appeals to decide whether or not professional secrecy should be breached.
III - In the context of the incident of breach of professional secrecy, the opinion issued by the President of the District Council of the Bar Association is not binding to the court and the criteria for waiving the lawyer's secrecy by the Bar Association do not fully coincide with those that must govern the judicial decision.
IV - This decision imposes the need for a careful weighing of the values in conflict, in order to determine whether or not the safeguarding of professional secrecy should give way to other interests, namely that of collaborating with the realisation of justice, a weighing that has to be carried out according to the circumstances of the specific case.
V - In the context of civil proceedings, which are subject to specific burdens and rules of proof, this analysis must be made in the light of the request and cause of action at issue in the case, taking into account the need or indispensability of the information sought for the matter to be proved.
VI - In an action alleging facts that could make the plaintiffs' employers liable for professional civil liability, it is essential to ascertain the specific acts carried out in the context of the relationship that existed between the plaintiffs and the defendants, the former as clients, the latter as lawyers.
VII - Not authorising part of the witnesses to give evidence is likely to jeopardise the possibility of obtaining a broader and more comprehensive version of the facts and create an imbalance between the parties with regard to the means of proof at their disposal in order to prove and counter-prove the relevant facts in the case file.
VIII - The process must be fair and to this end it is necessary that, during its course, the parties have a status of substantial equality, namely in the exercise of faculties and in the use of means of defence (art. 4 of the CPC). This endeavour will be compromised if it is not possible to hear all the people who may have knowledge of the relationship that existed between the plaintiffs and the defendants.
IX - In view of the specific matter under discussion in the case file and given that professional secrecy has already been waived with regard to both the defendant and his collaborator, it is justified that the breach of professional secrecy should cover other people who may have knowledge of the specific relationship that developed between the plaintiffs and the defendants in the context of legal representation, as their statements are relevant and necessary for the proper establishment of the disputed facts.
X - Therefore, in weighing up the interests at stake in the specific case, in accordance with the principle of the prevalence of the preponderant interest and with a criterion of proportionality in the restriction of rights and interests that are constitutionally protected, the interest in the proper administration of justice and in the effective realisation of the purposes of judicial activity, namely the search for the material truth, must prevail to the detriment of professional secrecy, which must yield to it, thus justifying its breach."
IV.4. Administrative and Tax Courts
Judgement of the Supreme Administrative Court, of 10th April, Case no. 01937/18.6BEBRG: Insolvency. Municipal Property Tax. Taxable Person. Tax. Liability. Payment, Debt. Insolvent Estate.
Summary:
"I - Since the taxable event for the Municipal Property tax occurred after the declaration of insolvency, regardless of whether the taxable person is the insolvent legal person, such credit constitutes a debt of the Insolvency Estate, the payment of which must be demanded from the Insolvency Administrator, who has the duty, through recourse to the assets that make up the said Estate, to proceed with its payment with preference over the other credits to be paid.
II - Since the Administrator of the Insolvent Company, notified in this capacity, has not voluntarily made this payment, the Tax Administration was right to draw up a certificate, initiate Tax Enforcement against the Insolvent Company and also to summon its Administrator to make the payment on its behalf and to exercise the other rights that the tax law recognises in these circumstances."
Judgement of the Supreme Administrative Court, of 10th April, Case no. 01382/14.2BEBRG 0528/17: IRC. Principle of the Speciality of the Exercise. Principle of Justice. Principle of Proportionality.
Summary:
"I - Under the terms of article 18 of the CIRC, income and expenses, as well as other positive or negative components of taxable profit, are attributable to the tax period in which they are obtained or borne, regardless of whether they are received or paid, in accordance with the economic accrual system (paragraph 1) and positive or negative components considered to relate to previous periods are only attributable to the tax period when they were unforeseeable or manifestly unknown on the closing date of the accounts of the period to which they should be attributed (paragraph 2).
II - Since it has been proven that the inclusion in the 2009 tax year of an amount as "costs from previous years", in this case from the 2006 tax year, is the result of deliberate manipulation of the accounts by the taxpayer with a view to achieving a better position in public works tenders, it must be concluded that the legal hypothesis set out in paragraph 2 of the aforementioned CIRC has not been verified. It must be concluded that the legal hypothesis set out in Article 18 no. 2 of the CIRC has not been verified, i.e. that the transfer of profits for the year was not determined by the unpredictability or lack of knowledge of the components up to the closing date of the tax year to which they allegedly relate.
III - The prevalence of the principle of justice over the principle of accrual accounting presupposes that, cumulatively, it has been established that the deviation from the latter does not result in damage to the public purse and that the error made in the accounting of income and/or costs was not the result of voluntary or intentional omissions, with a view to transferring results between financial years."
V. BRIEFS
V.1. DOCTRINE
V.1.1. Monographs and Periodicals
Ana Prata, Lições de Direito das Obrigações, Almedina, April 2024.
Guilherme Dray, Lições de Direito do Trabalho, Almedina, April 2024.
Ana Perestrelo de Oliveira, Manual de Corporate Finance, Almedina, April 2024.
António Barroso Rodrigues, O Concurso de Responsabilidade Civil, Almedina, April 2024.
Aquilina Ribeiro, A Burla Processual, Almedina, April 2024.
Jorge Sinde Monteiro, Acidentes de Viação - Adaptação do Código à Legislação e Jurisprudência da União Europeia, Almedina, April 2024.
João Botelho, Ações de Responsabilidade Pré e Pós-Contratual, Almedina, April 2024.
Ana Melro, Ações de Vida Indevida, Almedina, April 2024.
Sofia Ferreira da Costa, União de Facto e Património, Almedina, April 2024.
V.2. Miscellaneous
V.2.1. Economy, Finance and Taxation
V.2.2. Industrial Property
On April 1, the annual statistics for Industrial Property Rights (IPR) for the year 2023 in Portugal were released, of which the following stand out:
i) Trademarks, Logos and Other Distinctive Trade Signs saw a 3.4 per cent increase in applications in 2023 (20,397) compared to the same period in 2022 (20,252);
ii) The number of European Patent validations fell by 21.3 per cent (2,986) compared to 2023 (3,792);
iii) There was a 21.2 per cent drop in the number of applications for national design in 2023 (182);
https://inpi.justica.gov.pt/Noticias-do-INPI/Relatorio-Estatistico-Anual-2023
Provisional statistics on Industrial Property Rights (IPR) applications and grants for March 2024 were released on 11 April:
i) In the first three months of the year, 202 applications for national inventions were filed and 47 national inventions were granted, compared to the 50 granted in 2023;
ii) The number of European Patent validations filed in Portugal between January and March 2024 fell by 2.3 per cent year-on-year (731 in 2024, 748 in 2023);
iii) There were 5,926 applications for registration of National Trademarks and Other Distinctive Trade Signs (OSDC) between January and March 2024, representing a decrease of 2.3%. In the same period, 4,452 National Trademarks and OSDCs were granted (4,070 in 2023);
iv) The number of objects included in national design requests went from 256 between January and March 2023 to 145 in 2024.
https://inpi.justica.gov.pt/en-gb/INPI-News/Industrial-Property-Rights-January-to-February-2024-1
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