Legal updates in Portugal – October 2024

case-legal19, Uncategorized

I. EDITORIAL - AMENDMENT TO THE RULES ON PENSION UPDATES; AMENDMENT OF THE LEGAL FRAMEWORK FOR THE OPERATION OF LOCAL ACCOMMODATION ESTABLISHMENTS

The month of October was characterized, in legislative terms, by the publication of  Decree-Law no. 74/2024, of October 21, which amends the rules on pension updates awarded by the social security system and the General Retirement Fund, establishing the principle of updating the value of the pension from the year following the start of the pension, and by the publication of Decree-Law no. 76/2024, of October 23, which amends the legal framework for the operation of local accommodation establishments, approved by Decree-Law no. 128/2014, of 29 August, and repeals housing measures.

Also noteworthy, at a legislative level, are:

Whitin the scope of case law, the month of October is highlighted by Judgement of the Constitutional Court no. 660/2024, of October 1, Case no. 303/2024, in which the following was decided: “In view of the above, it is decided: a) Not to deem unconstitutional the rule contained in Article 63 no. 4 of the Criminal Code, according to which, in the event of several sentences being carried out successively by the same convicted person, if the conditional release of a sentence is revoked on the grounds of the commission of an offence for which the defendant was sentenced to imprisonment, the defendant will have to serve the remainder of that sentence in full and will not be eligible for conditional release; and, consequently, b) To dismiss the appeal.".

Finally, in Miscellaneous, it is worth noting the approval, in the Council of Ministers, of the 2025 State Budget Bill.

II. LEGISLATION

Ordinance no. 238/2024/1, of October 2: Proceeds with the third amendment to Ordinance no. 277-A/2010, of May 21, which regulates Decree-Law no. 308/2007, of September 3, creating the Porta 65 financial support programme.

https://files.diariodarepublica.pt/1s/2024/10/19100/0000200017.pdf

Ordinance no. 239/2024/1, of October 2: Establishes the fees to be charged within the scope of the voluntary carbon market by the supervisory and management entities of the registration platform.

https://files.diariodarepublica.pt/1s/2024/10/19100/0001800020.pdf 

Ordinance no. 240/2024/1, of October 2: Defines the qualification criteria for carrying out the activity of independent verifier of greenhouse gas emissions mitigation projects and identifies the managing body of the qualification system within the scope of the Voluntary Carbon Market.

https://files.diariodarepublica.pt/1s/2024/10/19100/0002100025.pdf

Ordinance no. 241/2024/1, of October 2: Establishes the general requirements of the electronic platform for registry on the voluntary carbon market.

https://files.diariodarepublica.pt/1s/2024/10/19100/0002600033.pdf

Resolution of the Assembly of the Republic no. 72/2024, of October 3: General State Account for 2022.

https://files.diariodarepublica.pt/1s/2024/10/19200/0000200002.pdf

Decree-Law no. 66/2024, of October 8: Proceeds with the first amendment to Decree-Law no. 161/2019, of October 25, which created the Revive Nature Fund, defining a special regime for the allocation, monetisation, intervention and disposal of rights over real estate.

https://files.diariodarepublica.pt/1s/2024/10/19500/0000400037.pdf

Decree-Law no. 67/2024, of October 8: Approves the organisational structure of the Centre for Planning and Evaluation of Public Policies.

https://files.diariodarepublica.pt/1s/2024/10/19500/0003800048.pdf

Decree-Law no. 68/2024, of October 8: Approves the organisation of the State Legal Centre.

https://files.diariodarepublica.pt/1s/2024/10/19500/0004900061.pdf

Resolution of the Assembly of the Republic no. 80/2024, of October 9: Assembly of the Republic Budget for 2025.

https://files.diariodarepublica.pt/1s/2024/10/19600/0000200013.pdf

Resolution of the Assembly of the Republic no. 81/2024, of October 9: Approves the Assembly of the Republic's management report and account for 2023.

https://files.diariodarepublica.pt/1s/2024/10/19600/0001400014.pdf

Ordinance no. 266/2024/1, of October 15: Extends the rules on electronic procedure to cases and procedures handled by the Public Prosecution Service.

https://files.diariodarepublica.pt/1s/2024/10/20000/0000300026.pdf

Declaration no. 11/2024/1, of October 16: Management account of the Assembly of the Republic for the year 2023.

https://files.diariodarepublica.pt/1s/2024/10/20100/0000400008.pdf

Decree-Law no. 72/2024, of October 16: Proceeds with the third amendment to Decree-Law no. 3/2010, of January 5, which establishes a ban on charging for payment services and ATM transactions.

https://files.diariodarepublica.pt/1s/2024/10/20100/0000900010.pdf

Decree-Law no. 73/2024 of October 18: Creates the Green Rail Pass to replace the National Rail Pass.

https://files.diariodarepublica.pt/1s/2024/10/20300/0000600008.pdf

Decree-Law no. 74/2024 of October 21: Amends the rules on pension updates awarded by the social security system and the General Retirement Fund, establishing the principle of updating the value of the pension from the year following the start of the pension

https://files.diariodarepublica.pt/1s/2024/10/20400/0000700008.pdf

Decree-Law no. 76/2024, of October 23: Amends the legal framework for the operation of local accommodation establishments, approved by Decree-Law no. 128/2014, of August 29, and repeals housing measures.

https://files.diariodarepublica.pt/1s/2024/10/20600/0000300031.pdf

Decree-Law no. 77/2024 of October 23: Defines, for 2024, the tariffs, tariff income and other amounts charged under the concession contracts for multi-municipal systems and amends the Statutes of the Water and Waste Services Regulatory Authority.

https://files.diariodarepublica.pt/1s/2024/10/20600/0003200037.pdf

Decree-Law no. 79/2024, of October 30: Revises the legal framework for savings certificates, with a view to dematerialising them, eliminating the figure of the operator and revising the limitation period for series A and B securities.

https://files.diariodarepublica.pt/1s/2024/10/21100/0000600017.pdf

Ordinance no. 283/2024/1, of October 30: Extends the deadline laid down in article 1 of Ordinance no. 127/2024/1, of April 1.

https://files.diariodarepublica.pt/1s/2024/10/21100/0005700057.pdf

Decree-Law no. 81/2024 of October 31: Amends the legal framework for family health units.

https://files.diariodarepublica.pt/1s/2024/10/21200/0000400006.pdf

Decree-Law no. 82/2024 of October 31: Ensures the implementation of Regulation (EU) 2018/1672 of the European Parliament and of the Council of October 23 2018 on controls of cash entering or leaving the European Union through national territory.

https://files.diariodarepublica.pt/1s/2024/10/21200/0000700016.pdf

III. Public Procurement1 [NEW]

Announcement no. 20425/2024, of October 3: Contract no. 34/DMMC/DHM/DPH/2023- Collective building contract- Urban rehabilitation of the masonry area of Boavista Neighbourhood - (Process no. 29/CP/DGES/ND/2024) - Municipality of Lisbon - €2,113,201.50 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/191/418183045.pdf

Announcement no. 20488/2024, of October 3: Design-build contract for a student residence in the city of Ponta Delgada, on the island of São Miguel, in the Autonomous Region of the Azores - University of the Azores - €7,300,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418175634.pdf

Announcement no. 20539/2024, of October 3: DEGA-ENG-Emp309 - Design-Build Contract for the Rehabilitation and Replacement of Scraper Bridges at Águas do Centro Litoral - Águas do Centro Litoral, SA - €4,700,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418178007.pdf

Announcement no. 20545/2024, of October 3: Contract for the Rehabilitation of EB 2/3 Prof. Mendes Ferrão - Municipality of Arganil - €2,764,326.25 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418187355.pdf

Announcement no. 20575/2024, of October 3: Acquisition of travel and accommodation services for the GNR, for the years 2025 and 2026 - National Republican Guard - €4,738,126.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418177619.pdf

Announcement no. 20583/2024, of October 3: Contract for the Refurbishment of the D. José I School - Actions provided for in investment project RE-C06-i09 - New or Renovated Schools - Programme for the Recovery/Refurbishment of Schools - Modernisation of Middle School and High School Public Teaching Establishments of the Recovery and Resilience Programme (PRR) - Municipality of Vila Real de Santo António - €4,687,980.92 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418177749.pdf

Announcement no. 20584/2024, of October 3: Acquisition of Services for the Preparation of the Execution Project for the Construction Contract of the Outpatient Unit of the Local Health Unit of the Region of Aveiro, EPE, and Technical Assistance During the Procurement and Construction Phases. - Local Health Unit of the Region of Aveiro, E. P. E. - €2,226,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418180112.pdf

Announcement no. 20592/2024, of October 3: Insurance Services for NAV Portugal, E.P.E. for the year 2025 - Navegação Aérea de Portugal - NAV Portugal, E.P.E. - €3,140,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/192/418177465.pdf

Announcement no. 20639/2024, of October 4: Design-build contract for the refurbishment of the Vascoveiro WTP (Pinhel) - Águas do Vale do Tejo, S. A. - € 1,500,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/193/418191518.pdf

Announcement no. 20660/2024, of October 4: Construction of multi-family housing buildings in Ataíde (Vila Meã) - Municipality of Amarante - € 1,980,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/193/418193057.pdf

Announcement no. 20677/2024, of October 4:  Refurbishment of the Building and Adaptation to a GNR headquarter - Municipality of Sousel - € 1,430,698.88 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/193/418193179.pdf

Announcement no. 20750/2024, of October 7: Contract for the Construction of the New Social Building and Warehouse for the Abrunheira Ecopark - TRATOLIXO - Solid Waste Treatment, EIM - €2,800,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/194/418192911.pdf

Announcement no. 20753/2024, of October 7: Contract for the Construction of the IPC U Space - Polytechnic Institute of Coimbra (IPC) - €12,659,800.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/194/418194304.pdf

Announcement no. 20776/2024, of October 7: Contract for the construction of the new Massamá Nursery School, Union of Parishes of Massamá and Monte Abraão - Municipality of Sintra - €1,395,467.12 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/194/418194807.pdf

Announcement no. 20816/2024, of October 7: Municipal Housing Rehabilitation Programme - Support Programme for Access to Housing - Padre Américo Neighbourhood - Parish of Buarcos and S. Julião - €1,862,705.66 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/194/418199676.pdf

Announcement no. 20819/2024, of October 7: Contract for the Rehabilitation and Upgrading of the Instituto Superior Técnico Library - Instituto Superior Técnico - €1,200,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/194/418200021.pdf

Announcement no. 20925/2024, of October 8: Contract to adapt buildings for social housing - Street Sacadura Cabral, nos. 27 to 31 in Ourique - Municipality of Ourique - €1,041,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/195/418203635.pdf

Announcement no. 20931/2024, of October 8: Contract for the Rehabilitation of the Student Residence Buildings on the Santiago Campus of the University of Aveiro - University of Aveiro - €5,000,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/195/418207264.pdf

Announcement no. 20939/2024, of October 8: Rehabilitation and Extension of Silvares EB School - Fundão Municipality - €3,944,517.23 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/195/418203984.pdf

Announcement no. 20955/2024, of October 9: Contract for "Construction of the Campus 3 Student Residence - Felgueiras" - Polytechnic Institute of Porto - €3,065,791.63 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/196/418209102.pdf

Announcement no. 20992/2024, of October 9: Procurement for the design-build contract to implement energy efficiency measures at IPL's Benfica Campus, ESTC and ISCAL. - Polytechnic Institute of Lisbon - €4,766,017.95 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/196/418201415.pdf

Announcement no. 21031/2024, of October 9: Acquisition through travel and tourism agencies of travel services, accommodation, transport and other international complementary services for the Tourism Institute of Portugal, I.P. - Turismo de Portugal, IP - €1,413,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/196/418197326.pdf

Announcement no. 21044/2024, of October 9: Design-Build Contract for the Expansion of the Querença Waste water Treatment Plant - Águas do Algarve, S.A. - €1,875,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/196/418212042.pdf

Announcement no. 21082/2024, of October 10: PO 536/2024 - School EB 2,3/S de Arcos de Valdevez - Construction of a building for artistic teaching - Municipality of Arcos de Valdevez - €2,175,078.38 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/197/418212091.pdf

Announcement no. 21092/2024, of October 10: Requalification of the Frei Rosa Viterbo High School in Sátão - Municipality of Sátão - €2,835,781.95 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/197/418213314.pdf

Announcement no. 21101/2024, of October 10: 2024-06-20-AS-RP-CP-0517-DGATJ-Metsovo - Acquisition of legal representation services for litigation within the scope of the legal proceedings of IRN I.P - Instituto dos Registos e do Notariado, I. P. - €180,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/197/418211946.pdf

Announcement no. 21126/2024, of October 10: Construction of Municipal Housing Building on Plot 24, Arroja, Odivelas - Municipality of Odivelas - €2,620,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/197/418202688.pdf

Announcement no. 21200/2024, of October 11: P182/2024 - Rehabilitation of EB 2,3 IV Conde de Ourém (82087/2024) - Municipality of Ourém - €3,404,781.64 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418215015.pdf

Announcement no. 21203/2024, of October 11: New 2nd and 3rd Cycle Building for the Vila Velha de Ródão School Group - Vila Velha de Ródão Town Hall - €2,223,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418212683.pdf

Announcement no. 21208/2024, of October 11: Public works contract called - Dário Valongueiro Development - under the 1st Right Programme - Programme to Support Access to Housing, defined in accordance with Vila do Conde's Local Housing Strategy under the 1st Right Programme - Rua Dário Valongueiro. - Santa Casa da Misericórdia de Vila do Conde - €6,400,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418208844.pdf

Announcement no. 21209/2024, of October 11: Contract for "Construction of the Steam Education Center | School of Education - PRR IMPULSO - Polytechnic Institute of Porto - €3,974,969.81 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418219244.pdf

Announcement no. 21257/2024, of October 11: Design-Build Contract for Municipal Housing Building in Pombais, Odivelas - Municipality of Odivelas - €5,300,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418206673.pdf

Announcement no. 21268/2024, of October 11: Creation of cost-controlled housing with  affordable rent - property located at Street 10 de Agosto - Parish of Buarcos and S. Julião - Work - Figueira da Foz Municipality - €1,547,799.43 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418220256.pdf

Announcement no. 21296/2024, of October 11: Contract for the rehabilitation of the housing units of Bragahabit E.M., by lots - Bragahabit - Empresa Municipal de Habitação de Braga - €1,937,549.84 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418211257.pdf

Announcement no. 21308/2024, of October 11: Construction Contract at Controlled Costs for 22 T3 and T4 houses in Videira Norte - Municipality of Mira - €4,019,011.25 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418222532.pdf

Announcement no. 21316/2024, of 11 October: Creation of cost-controlled housing for affordable rent - property located in Rua dos Bombeiros Voluntários - Parish of Buarcos and S. Julião - Work - Figueira da Foz Municipality - €1,528,719.81 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418222792.pdf

Announcement no. 21328/2024, of October 11: Purchase of computer, technological and audiovisual equipment and structured network – Commercial Class – Professional and Technical Studies - €1,650,954.92 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/198/418211581.pdf

Announcement no. 21341/2024, of October 14: Construction of 52 dwellings in Rua do Mato da Cruz - Ericeira - Municipality of Mafra - €8,839,412.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418212707.pdf

Announcement no. 21353/2024, of October 14: Acquisition of the Contract for the Refurbishment of the Cidade Sol building for CACI and Creche, in accordance with the works defined, in terms of their type, quantity and technical conditions of execution, in the Project and in the Specifications - Rumo, Social Solidarity Cooperative, Crl - €1,217,028.18 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418224711.pdf

Announcement no. 21365/2024, of October 14: Construction Contract for Gambelas University Residence - University of Algarve - €8,241,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418212812.pdf

Announcement no. 21372/2024, of October 14: 47/CP/AT/2024 - Oracle Database Security software licensing (upgrade) - Tax and Customs Authority - €1,704,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418216717.pdf

Announcement no. 21388/2024, of October 14: Contract for the Renovation of the University Residence Lot O - University of Algarve - €1,160,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418217932.pdf

Announcement no. 21395/2024, of October 14: 54/CP/AT/2023 - Acquisition of travel and accommodation services, for 36 months, divided into: - Lot 1 - Travel and accommodation to destinations within Europe; - Lot 2 - Travel and accommodation to domestic destinations (between Mainland and Islands); and - Lot 3 - Travel and accommodation to destinations outside Europe - Tax and Customs Authority - €1,995,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418218848.pdf

Announcement no. 21404/2024, of October 14: Contracting of Travel Accident, Personal Accident and Work Accident Insurance - APL – Lisbon Port Administration, S.A. - €1,028,543.77 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418220953.pdf

Announcement no. 21483/2024, of October 14: Contract for the construction of 29 dwellings - Avenida N.ª Sra. Mont'Alto - Municipality of Arganil - € 3,861,754.59 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/199/418228835.pdf

Announcement no. 21508/2024, of October 15: Public Works Contract for the Renovation/Requalification of Infrastructures and Equipment at the Patacão Innovation Network Hub and the Tavira Innovation Network Hub - Algarve Regional Coordination and Development Commission, I.P. - €1,375,016.76 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/200/418228187.pdf

Announcement no. 21526/2024, of October 15: Rehabilitation of Praceta 25 de Abril, in the parish of Mafamude - Municipality of Vila Nova de Gaia - €1,862,512.64 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/200/418223229.pdf

Announcement no. 21608/2024, of October 16: Almeida e Sousa Theatre - Conversion and extension | Avintes - Municipality of Vila Nova de Gaia - € 3,912,194.16 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/201/418229912.pdf

Announcement no. 21648/2024, of October 16: Building Construction Contract - CerciPortalegre's INterGerAções Collaborative Housing, financed by application no. PRR-RE-C03-i01-03-000027 - CERCIPORTALEGRE - Portalegre Cooperative for the Education and Rehabilitation of Citizens with Disabilities - CRL - €1,350,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/201/418226697.pdf

Announcement no. 21694/2024, of October 16: Acquisition of health insurance for employees – Holy House of Mercy of Lisbon - €2,940,600.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/201/418228616.pdf

Announcement no. 21723/2024, of October 17: Execution of the contract - Expansion and upgrading of the CSPP Children's Centre - with an approved application under Operation Type 1.2. Upgrading and expanding the network of social facilities and responses under the Recovery and Resilience Programme. - Pousos Parish Social Centre - €1,200,333.40 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/202/418242856.pdf

Announcement no. 21744/2024, of October 17: Workers' Compensation Insurance - CP - Comboios de Portugal, E. P. E. E. - €2,419,613.69 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/202/418220815.pdf

Announcement no. 21793/2024, of October 17: Design-Build for the Rehabilitation of Entroncamento High School - ESSE - Entroncamento Municipality - €13,300,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/202/418229994.pdf

Announcement no. 21807/2024, of October 17: Expansion and Refurbishment of the João Pedro de Andrade School in Ponte de Sor. Execution of earthworks, indirect foundations, reinforced concrete, metal structure, roofing, masonry, stonework, metalwork, cladding, carpentry, metalwork, water, wastewater, rainwater, fire, fire safety, electrical installations, telecommunications and HVAC. - Municipality of Ponte de Sor - €8,087,595.17 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/202/418231386.pdf

Announcement no. 21823/2024, of October 17: Hiring of insurance policies for the Municipality of Mafra - Municipality of Mafra - €2,561,070.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/202/418232447.pdf

Announcement no. 21879/2024, of October 18: Public works contract for the complete rehabilitation of free-rent properties located in Cascais and Sintra, belonging to the IGFSS - Instituto de Gestão Financeira da Segurança Social, IP - €2,180,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/203/418229694.pdf

Announcement no. 21913/2024, of October 18: Emp_DPGOM_2024_31 Rehabilitation of Housing Buildings called Prédio mais Antigo, Casa Ladeiras, Casa Filhós, Edifício Estaminé, Casa Paraíso, Casas da Parreira and Quarteirão de Vila Moreira - Municipality of Alcanena - €4,711,825.40 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/203/418250583.pdf

Announcement no. 21960/2024, of October 18: Contract for the Construction of Municipal Housing in Salvaterra de Magos - Phase II - Salvaterra de Magos Town Hall - €1,819,031.22 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/203/418252268.pdf

Announcement no. 21982/2024, of October 21: Contract for the Rehabilitation of 36 Social Houses, located in the Lameirinho Neighbourhood - Lot E - Angra do Heroísmo City Council - €3,883,940.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418245967.pdf

Announcement no. 21983/2024, of 21 October: Contract for the Rehabilitation of 37 Social Houses, located in Bairro do Lameirinho - Lot G - Angra do Heroísmo City Council - €4,709,172.45 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418250891.pdf

Announcement no. 21994/2024, of October 21: 317CP24 Contract for the Replacement of Priority Water Supply Pipelines - Águas e Energia do Porto E.M - €1,249,500.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418252924.pdf

Announcement no. 22005/2024, of October 21: International Public Procurement - Acquisition of specialised school transport services with security guards for three school years (2025/15;2026/27;2027/28) - Proc. 128DAP24 - PRC.1965/2024 - Municipality of Paredes - €3,832,422.26 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418244605.pdf

Announcement no. 22008/2024, of October 21: Execution of the Contract for "Construction of the Student Residence on Campus 1- Breiner" - Polytechnic Institute of Porto - €6,793,557.31 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418247927.pdf

Announcement no. 22096/2024, of October 21: Rehabilitation and Expansion of the Melgaço Health Centre - Melgaço Municipality - €1,518,773.58 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418254999.pdf

Announcement no. 22114/2024, of October 21: Requalification and Remodelling of the Mondim de Basto Health Centre in accordance with the specifications set out in the Procedure Programme and Specifications. - Municipality of Mondim de Basto - €1,220,000.00 (GovYear)

https://files.diariodarepublica.pt/cp_hora/2024/10/204/418257533.pdf

Announcement no. 22152/2024, of October 22: PO 541/2024 - Refurbishment of a student residence building - Municipality of Arcos de Valdevez - €1,080,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/205/418255192.pdf

Announcement no. 22169/2024, of October 22: Improvement of the Child and Adolescent Psychiatry Outpatient Unit (UAPIA) of ULSA, E. – Local Health Unit of Arrábida, E. P. E. E. - € 1,500,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/205/418246347.pdf

Announcement no. 22173/2024, of October 22: CPN 109/2024/DICP - T-32/2023 - Construction of the Barreira Health Unit - Leiria - Municipality of Leiria - € 2,324,822.34 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/205/418258627.pdf

Announcement no. 22183/2024, of October 22: Project to Alter and Expand the Headquarters Building of the Gardunha and Xisto School Group - Fundão - Fundão Municipality - €1,875,433.43 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/205/418260676.pdf

Announcement no. 22210/2024, of October 22: Expansion of the Tamengos School Centre - Municipality of Anadia - € 1,129,052.06 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/205/418260198.pdf

Announcement no. 22302/2024, of October 23: Requalification of Avenida 4 de abril de 1955 - Vila das Aves - Municipality of Santo Tirso - €1,577,266.48 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/206/418264823.pdf

Announcement no. 22410/2024, of October 24: Rehabilitation and Extension of Solposto Basic School - New Procurement - Aveiro Municipality - €2,358,490.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418257882.pdf

Announcement no. 22422/2024, of October 24: Rehabilitation of the Balleteatro School of Arts - Porto Management and Works, E.M. - €2,180,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418271295.pdf

Announcement no. 22479/2024, of October 24: Contract for the Rehabilitation of the Parcela 6 Municipal Neighbourhood, Unhos - PRR - Loures City Council - € 2,072,400.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418256756.pdf

Announcement no. 22497/2024, of October 24: Requalification and Modernisation of the D. Dinis Basic School - Odivelas - Municipality of Odivelas - € 3,750,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418259364.pdf

Announcement no. 22524/2024, of October 24: Requalification and modernisation of EB 2/3 Doutor José Vieira de Carvalho, in the parish of Moreira - Municipality of Maia - € 1,126,562.19 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418273425.pdf

Announcement no. 22529/2024, of October 24: Acquisition of "Legal Services, within the scope of the development of the Crato Multipurpose Hydraulic Project - Pisão Dam" - Intermunicipal Community of Alto Alentejo (CIMAA) - € 375,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418263454.pdf

Announcement no. 22534/2024, of October 24: Construction of the Alvorada Housing Complex - Rua José Cardoso Vieira de Castro - Fafe, under Investment RE-C02-i01 - 1st Right - Programme to Support Access to Housing - Component 02 "Housing" of the Recovery and Resilience Plan - Municipality of Fafe - € 13,148,532.65 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2024/10/207/418262077.pdf

Announcement no. 22567/2024, of October 25: Renewal of the desktop virtualisation solution for AT - Autoridade Tributária e Aduaneira - €3,697,084.76 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/208/418265122.pdf

Announcement no. 22574/2024, of October 25: Centralised Procedure for the Acquisition of IT Equipment for Various Entities - General Secretariat of the Presidency of the Council of Ministers - €1,027,469.98 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/208/418258392.pdf

Announcement no. 22593/2024, of October 25: Contract for the Rehabilitation of the Municipal Buildings located at Escadinhas do Hospital and Rio do Porto in Vila de Sintra - EM- 24/00041 - Municipality of Sintra - €2,386,364.54 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/208/418274584.pdf

Announcement no. 22636/2024, of October 25: To promote the contract for "Rehabilitation of the Road Network in the Parish of Castelo - Localities of Quintinha, Fonte de Sesimbra, Pinhal de Cima, Almoinha and Assenta", which consists of rehabilitating the road network of some of the streets in these localities. - Municipality of Sesimbra - € 1,468,631.04 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/208/418277816.pdf

Announcement no. 22647/2024, of October 25: Rehabilitation of the Paredes Health Centre - Municipality of Paredes - €1,492,597.05 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/208/418278131.pdf

Announcement no. 22708/2024, of October 28: Urban redevelopment of Street da Estrada - Vila Velha de Ródão Town Hall - €2,862,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/209/418280212.pdf

Announcement no. 22724/2024, of October 28: Requalification, conservation and modernisation of Gouveia High School - Municipality of Gouveia - €6,762,940.84 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/209/418274073.pdf

Announcement no. 22728/2024, of October 28: Process no. 030/2024/DEC - E.L.H. Contract for the construction of 50 dwellings at controlled cost - Municipality of Oliveira de Azeméis - €9,620,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/209/418274487.pdf

Announcement no. 22784/2024, of October: 28 PC.150.2024.0001646 - PRR_i05 - D94.04 - Construction contract for the housing complex of operation D94.04 Street do Beato, Lisbon - Institute for Housing and Urban Rehabilitation - €4,500,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/209/418283137.pdf

Announcement no. 22865/2024, of October 28: Requalification of Nelas High School - Municipality of Nelas - €3,370,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/209/418285324.pdf

Announcement no. 22866/2024, of October 28: Requalification of the EB 2,3/S Eng.º Dionísio Augusto School, in Canas de Senhorim - Municipality of Nelas - €2,342,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/209/418285349.pdf

Announcement no. 22881/2024, of October 29: Contract for the rehabilitation of properties included in the Local Housing Strategy, by lots, to be carried out in the municipality of Sabrosa - Municipality of Sabrosa - €1,013,207.35 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/210/418276122.pdf

Announcement no. 22893/2024, of October 29: Rehabilitation of Housing Buildings – Eucaliptal Neighbourhood, 25 de Abril Neighbourhood, and Rua Queiroz Vaz Guedes - Municipality of Alpiarça - € 1,742,545.80 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/210/418288905.pdf

Announcement no. 22986/2024, of October 29: Construction of Multifamily Housing on Street Nova do Cemitério - ELH. - Municipality of Sernancelhe - €1,389,832.09 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/210/418293854.pdf

Announcement no. 23013/2024, of October 30: Rehabilitation and refurbishment of Carregal do Sal High school - Carregal do Sal municipality - € 3,450,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418294997.pdf

Announcement no. 23018/2024, of October 30: Contract for the rehabilitation of the D. Sancho I School in Pontével - Cartaxo Municipality - € 8,950,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418281322.pdf

Announcement no. 23020/2024, of October 30: Road Recovery Programme - PRVR 2025 - by Lots (11) - EM-24/00075 - Municipality of Sintra - € 6,500,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418280342.pdf

Announcement no. 23029/2024, of October 30: Acquisition of Judicial Sponsorship and Legal Consultancy Services – Local Health Unit of Gaia/Espinho, E. P. E. E. - € 75,500.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418277419.pdf

Announcement no. 23035/2024, of October 30: Acquisition of legal representation services in litigation within the scope of IRN I.P.'s legal proceedings. - € 180,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418296195.pdf

Announcement no. 23068/2024, of October 30: Contract for the Refurbishment of the Quinta das Raposeiras Water Supply System - FAGAR Faro, Waste and Water Treatment, E.M. - €1,000,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418296202.pdf

Announcement no. 23071/2024, of October 30: Contract for the Renovation of the Public Water Supply Networks in Street do Alportel and Rua Dr. José Filipe Álvares, in Faro - FAGAR Faro, Water and Waste Management, E.M. - €1,470,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418296673.pdf

Announcement no. 23082/2024, of October 30: Public Procurement, without publication of a notice in the Official Journal of the European Union, for the Contract to Improve and Expand the Nossa Senhora do Bom Caminho Home - Regional Secretariat for Inclusion, Labour and Youth - €1,600,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418298399.pdf

Announcement no. 23085/2024, of October 30: Renewal of Outsystems Licence and acquisition of services - Portuguese Securities Market Commission - € 2,431,415.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/211/418285762.pdf

Announcement no. 23139/2024, of October 31: Rehabilitation of the Aveiro Fairs and Exhibitions Park Building - Municipality of Aveiro - € 1,057,796.16 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/212/418291034.pdf

Announcement no. 23173/2024, of October 31: The object of the Contract is the Construction of the Moura Irrigation Block with water source at the Caliços Dam, with an area of 1 184 ha - EDIA - Alqueva Development and Infrastructure Company, S. A. - € 8,200,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/10/212/418290549.pdf

Announcement no. 23193/2024, of October 31: Contracting of insurance policies and services - Porto Collective Transport Company, E.I.M., S.A. - € 4,000,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hC-5ora/2024/10/212/418291115.pdf

Announcement no. 23211/2024, of October 31: Purchase of travel services, air, rail and road transport and accommodation for the years 2025 and 2026 - General Secretariat for the Economy - € 2,002,150.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/212/418292922.pdf

Announcement no. 23217/2024, of October 31: Construction of CACI and Residential Home - ANEM - National Multiple Sclerosis Association - € 2,500,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/10/212/418303127.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 (First Chamber), October 4, Case C-585/22: Reference for a preliminary ruling. Freedom of establishment. Article 49 TFEU. Corporation tax. Intra-group cross-border loan for the purposes of financing the acquisition or the extension of an interest in a company not related to the group concerned that becomes, as a result of that transaction, related to that group. Deduction of interest paid on that loan. Loan contracted on an arm’s length basis. Concept of “wholly artificial arrangement”. Principle of proportionality

Summary:

“Article 49 TFEU must be interpreted as: not precluding national legislation under which, in the determination of a taxpayer’s profits, the deduction of interest paid in respect of a loan debt contracted with a related entity, relating to the acquisition or extension of an interest in another entity which becomes, as a result of that acquisition or extension, an entity related to that taxpayer is to be refused in full, where that debt is considered to constitute a wholly artificial arrangement or is part of such an arrangement, even if that debt was incurred on an arm’s length basis and the amount of that interest does not exceed that which would have been agreed between independent undertakings”.

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62022CJ0585

Judgment of the Court (First Chamber), October 4, Case C-200/23: Reference for a preliminary ruling. Protection of natural persons with regard to the processing of personal data. Regulation (EU) 2016/679. Publication in the commercial register of a company’s constitutive instrument containing personal data. Directive (EU) 2017/1132. Non-compulsory personal data. Lack of consent of the data subject. Right to erasure. Non-material damage.

Summary:

  1. Article 21 no. 2 of Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law must be interpreted as not imposing on a Member State an obligation to permit the disclosure, in the commercial register, of a company’s constitutive instrument subject to compulsory disclosure under that directive and containing personal data, other than the minimum personal data required, disclosure of which is not required by the law of that Member State.
  2. 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), in particular Article 4 no. 7 and no. 9 thereof must be interpreted as meaning that the authority responsible for maintaining the commercial register of a Member State which publishes, in that register, the personal data contained in a company’s constitutive instrument, which is subject to compulsory disclosure under Directive 2017/1132 and was transmitted to it in an application for registration of the company concerned in that register, is both a ‘recipient’ of those data and, particularly in so far as it makes them available to the public, a ‘controller’ of those data, within the meaning of that provision, even where that instrument contains personal data not required by that directive or by the law of that Member State.
  3. Directive 2017/1132, in particular Article 16 thereof, and Article 17 of Regulation 2016/679 must be interpreted as precluding a Member State’s legislation or practice which leads the authority responsible for maintaining the commercial register of that Member State to refuse any request for erasure of personal data not required by that directive or by the law of that Member State, contained in a company’s constitutive instrument published in that register, where a copy of that instrument in which those data have been redacted has not been provided to that authority, contrary to the procedural rules laid down by that legislation.
  4. Article 4 no. 1 of Regulation 2016/679 must be interpreted as meaning that the handwritten signature of a natural person is covered by the concept of ‘personal data’ within the meaning of that provision.
  5. Article 82 no. 1 of Regulation 2016/679 must be interpreted as meaning that a loss of control, for a limited period, by the data subject over his or her personal data, on account of those data being made available online to the public, in the commercial register of a Member State, may suffice to cause ‘non-material damage’, provided that that data subject demonstrates that he or she has actually suffered such damage, however minimal, without that concept of ‘non-material damage’ requiring that the existence of additional tangible adverse consequences be demonstrated.
  6. Article 82 no. 3 of Regulation 2016/679 must be interpreted as meaning that an opinion of the supervisory authority of a Member State, issued on the basis of Article 58 no. 3 (b) of that regulation, is not sufficient to exempt from liability, under Article 82 no. 2 of that regulation, the authority responsible for maintaining the commercial register of that Member State which has the status of ‘controller’, within the meaning of Article 4 no. 7 of that regulation.

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0200

Judgment of the Court (Fourth Chamber), 4 October, Case C-171/23: Reference for a preliminary ruling. Taxation. Common system of value added tax (VAT). Directive 2006/112/EC. Point 19 of Article 287. VAT exemption scheme for small enterprises. Abusive practice by forming a new company.

Summary:

“Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as amended by Council Directive (EU) 2016/856 of 25 May 2016, read in the light of the principle of the prohibition of abusive practices, must be interpreted as meaning that, where it is established that the formation of a company constitutes an abusive practice intended to maintain the benefit of the value added tax exemption scheme laid down in point 19 of Article 287 of that Directive 2006/112, in respect of an activity previously carried out, under that scheme, by another company, that Directive 2006/112 requires that the company accordingly formed cannot benefit from that scheme, even in the absence of specific provisions laying down the prohibition of such abusive practices in the national legal system.”

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0171

 

IV.2. Constitutional Court

Judgement of the Constitutional Court no. 660/2024, of 1 October, Case no. 303/2024:

"In view of the above, it is decided:

a) Not to deem unconstitutional the rule contained in Article 63 no. 4 of the Criminal Code, according to which, in the event of several sentences being carried out successively by the same convicted person, if the conditional release of a sentence is revoked on the grounds of the commission of an offence for which the defendant was sentenced to imprisonment, the defendant will have to serve the remainder of that sentence in full and will not be eligible for conditional release; and, consequently,

b) To dismiss the appeal."

https://www.tribunalconstitucional.pt/tc/acordaos/20240660.html

Judgement of the Constitutional Court no. 708/2024, of 10 October, Case no. 883/2023:

"For the foregoing reasons, it is decided:

a) Declare unconstitutional the rule in Article 235 no. 1 of the Code for the Execution of Custodial Sentences and Measures, according to which a decision rejecting a request for the granting of a period of adjustment to probation cannot be appealed, on the grounds that it violates the right of access to the law and the courts, contained in Article 20 no. 1 of the Constitution; and, consequently,

b) Grant the appeal, ordering that the contested decision be reformed in accordance with the previous judgement of unconstitutionality."

https://www.tribunalconstitucional.pt/tc/acordaos/20240708.html

Judgement of the Constitutional Court no. 710/2024, of 10 October, Case no. 351/2024:

"Accordingly, it is decided:

a) Declare unconstitutional the rule of Article 692 no. 1 to no. 4 of the Code of Civil Procedure, interpreted as meaning that the rejection of an appeal for the uniformization of case law, after preliminary examination, is the responsibility of the rapporteur of the case in which the contested judgment was delivered, and that the judgment confirming such rejection, delivered by a conference - consisting of the same rapporteur and two deputies, who coincide with the subscribers of the contested judgment - is final in the courts; and, consequently,

b) Dismiss the appeal."

https://www.tribunalconstitucional.pt/tc/acordaos/20240710.html

IV.3. Judicial Courts

Judgement of the Supreme Court of Justice, October 1, Case no. 1415/21.6T8STR-E.E1.S1: Insolvency. Admissibility of Appeal. Inadmissibility. Reasoned Judgement. Opposition of Judgements. Creditor. Insolvency Plan. Claim for Conference. Principle of Equality. Rejection. Appeal rejected.

Summary:

"I. The appeal against the judgement that decided not to homologate the insolvency plan is subject to the specific regime of article 14 of the CIRE.

II. There is only an opposition/contradiction of judgements on the same fundamental question of law when the same legal provision is interpreted and/or applied in opposite terms in one and the other, and the factual situation underlying that application is the same.

III. The contradiction must be frontal and not implicit, and it is not enough for the same institute to have been dealt with, presupposing that the legal subsumption carried out in both decisions has operated on the same factual nucleus, without attributing relevance to elements of an ancillary nature, and thus that the ratio decidendi is identical.

IV. In this case, there is no jurisprudential contradiction for the purposes of Article 14 no. 1 of the CIRE, given that the judgement under appeal ruled that the insolvency plan did not provide any objective grounds to justify the differentiated treatment of the guaranteed credit held by a particular creditor, i.e. it only ruled, for formal reasons, that the principle of equality had been violated and the based judgement upheld the approval of the reorganisation plan, because there was no violation of the principle of equality, on the assumption that this principle does not rule out the possibility of differentiations between creditors in identical circumstances, provided that they are justified by objective reasons, with a view to an adequate and necessary weighing up of all the interests at stake."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/ffefb39c3b36f01e80258baa0071fe77?OpenDocument

Judgement of the Supreme Court of Justice, of October 1, Case no. 1918/20.0T8VRL.P1.S1: Traffic accident. Insurer. Objective Liability. Liability for Risk. Concurrence of fault and wealth. Effective Steering. Hit and Run. Concurrence of fault and risk.

Summary:

"I - The liability established by no. 1 of article 503 of the Civil Code is only excluded when the accident is attributable to the injured party himself or to a third party, or when it is the result of force majeure beyond the vehicle's control.

II - Fault rules out the risk, under the terms of the precept, when the injured party's own actions were the sole cause of the accident.

III - The current interpretation of Article 505 of the Civil Code allows for the rule that the fault of the injured party must be combined with the risk inherent in the vehicle, given the circumstances of each specific case."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/1f56f4e452997a1680258baa00717f30?OpenDocument

Judgement of the Supreme Court of Justice, of October 3, Case no. 16296/20.9T8PRT-A.P2.S1: Contractual Liability. Loss of the Benefit of Time. Limitation period. Enforceability of the Obligation. Loan Contract. Remunerative interest. Creditor. Debtor. Instalment. Maturity of the Debt. Uniform Judgement. Expansion of the Matter of Fact.

Summary:

"I - Article 781 of the Civil Code is a benefit/option that the law grants to the creditor and, therefore, in order for it to work (and for all the instalments to fall due), the creditor must be notified, in the person of the debtor, so that the latter immediately fulfils all the instalments.

II - If such a summons is issued, the summons cannot be considered to have been issued on the date of the first unpaid instalment, and it must be considered that, until the date of the actual summons, the instalment repayment plan remained in force, with the limitation period running in relation to the instalments which, according to that plan, were due.

III - Once the option provided for in art. 781 of the Civil Code has been used, the full five-year limitation period (of art. 310/e) of the Civil Code) is counted from the date of its use (of the interpellation taking effect) only in relation to the instalments that only became due on that date, i.e. in relation to the instalments that were already due and whose limitation period was already in progress, the 5-year limitation period continues to run from the date on which the count began (the period already elapsed, in relation to such instalments, is not erased by the use of the option provided for in art. 781 of the Civil Code)."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/0438845778c2629880258bac005989c5?OpenDocument

Judgement of the Lisbon Court of Appeals, of October 9, Case no. 2407/23.6T8PDL.L1-4: Action for Recognition of the Existence of an Employment Contract. Value of the Cause. Challenge to the Matter of Fact. Conclusive Facts. Presumption of Labour.

Summary:

"I. In the context of the special action for recognition of the employment contract, the provisions of article 300, no. 2, or article 303, no. 1, both of the Code of Civil Procedure, do not apply in order to establish the value of the cause. This criterion is reserved for cases involving claims whose object - immediate or immediate - has no pecuniary value, but rather aims at a non-pecuniary interest that cannot be expressed in a pecuniary sum.

II. The modifiability of a factual decision by the Court of Appeal depends, among other things, on whether the matter in question is a true fact, as provided for in Article 341 of the Civil Code and Article 410 of the Code of Civil Procedure.

III. The statements that "the use [of the equipment] is imposed by the nature and purpose of the contracted services and not by any choice on the part of the contracting parties as to how they are to be carried out" and that "the period of time that the service providers spend on the defendant's premises is strictly necessary for the provision of the requested services" are each a legal conclusion that could not be included in the judgement's factual grounds, but should only appear, if the facts were enough, in the grounds of law.

IV. Both in the prior definition of the contractual model and in its execution, the parties must assess its suitability for the service it is intended to provide, and the hetero determination of work equipment and instruments, in the assertion that the providers can only use them and only them in order to carry out their activity, is an essential element of subordination typical of the labour relationship.

V. Even if the specific number of hours worked per day and the start and end times of the worker's activity are not ascertained, proof that the employer is responsible for defining working hours is sufficient to fulfil the characteristic referred to in Article 12 no. 1 (c) of the Labour Code."

https://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/c8993c4171b4ba8780258bbf0052e56f?OpenDocument

Judgement of the Porto Court of Appeals, of October 7, Case no. 380/23.0T8PNF.P1: Establishment of Paternity. Mother's Special Right to Maintenance. Mother's Right to Compensation.

Summary:

"I - Article 1884 no. 1 of the Civil Code establishes a special right to maintenance in favour of the mother for the period of pregnancy and the first year of the child's life, maintenance to which the father who is not married to her is obliged; this obligation of the father occurs from the date of the establishment of paternity.

II - The calculation of the maintenance provided for therein obeys the general requirements of the mother's need or necessity and the father's possibilities (art. 2004 of the Civil Code), as can be seen from art. 2014 no. 2 of the same law, and "covers the costs of support, housing and clothing (art. 2003 no. 1 of the Civil Code), as well as the costs of gynaecological consultations, medicines, exams, special food, the cost of paying for services and childbirth, insofar as the word 'support' is given a broad meaning".

III - The right to compensation also recognised for the mother in Article 1884 no. 1 is part of the institute of civil liability for unlawful acts and allows the mother to claim for pecuniary and non-pecuniary damage resulting from pregnancy or childbirth, including, in particular, the lack of assistance and abandonment by the parent of the pregnant woman.

IV - As this right falls under this category, it is subject to the limitation periods laid down in Article 498 no. 1 of the Civil Code: three years, which starts from the date on which the injured party became aware of the right to compensation, and twenty years - the ordinary limitation period (Article 309 of the Civil Code) - which starts to run from the harmful event, i.e. the event that caused the damage.

V - Since the damaging event, consisting of the defendant's abandonment of the plaintiff when she was pregnant, occurred in 1982 (the year their daughter was born), and the action was only filed on 6 February 2023, the ordinary limitation period had already elapsed by that date, which means that the right to compensation in question is extinguished."

https://www.dgsi.pt/jtrp.nsf/56a6e7121657f91e80257cda00381fdf/d1bec0b379ddc01b80258bbd00342fb6?OpenDocument

Judgement of the Coimbra Court of Appeals, of October 8, Case no. 656/23.6T8ACB-A.C1: Enforcement Order. Judgement Approving Partition. Uncertainty of the Fixed Obligation.

Summary:

"I - Not only a judgement handed down in a condemnatory action, but also any judicial sentence that imposes an order to provide services or a command to act on the defendant in an unconditional manner, constitutes an enforceable title.

II - The judgement approving the division of property constitutes an enforceable title for the purposes of ensuring that the rights of the respective parties are realised, within the limits of what has been discussed and decided in the inventory.

III - There is uncertainty of obligation against the respondent, which cannot be remedied in the introductory phase of the enforcement proceedings, if the adjudication of the bank balance of a joint account is approved with reference to the date of the divorce petition, without it having been established, in fact, that from the date of the divorce and until the closure of the aforementioned bank account, the funds deposited therein were handled by the respondent, who made them exclusively her own."

https://www.dgsi.pt/jtrc.nsf/8fe0e606d8f56b22802576c0005637dc/8a584e58cf0e63cf80258bbf003b80b0?OpenDocument

Judgement of the Coimbra Court of Appeals, of October 11, Case no. 1909/23.9T8CBR.C1: Supplementary Work. Documentary Evidence. IMT documents.

Summary:

"I - A "suitable document" for proving overtime work carried out more than five years ago must consist of a written document, issued by the employer itself and which, in itself, has sufficient probative force to demonstrate the existence of the facts constituting the claim, without the need to resort to other means of proof, namely witness evidence or by presumption.

II - The IMT documents recording the author, the year, month, day and time of the periodic vehicle inspections are not written documents originating from the employer itself, which demonstrate the existence of the facts constituting the overtime work credit and are sufficiently elucidating, so as to dispense with their integration or dilution through other probative means."

https://www.dgsi.pt/jtrc.nsf/8fe0e606d8f56b22802576c0005637dc/bcabfd1fbc49895280258bbf0051dc4b?OpenDocument

Judgement of the Guimarães Court of Appeals, of October 3, Case no. 3914/20.8T8GMR.G1: Potestative Acquisition of Shareholdings. Judicial Determination of the Value of the Counterpart. Action for Liquidation of Shareholdings. Action for Consignment in Deposit. Articulation between actions. Methods for assessing the value of the company. Value of the Shareholding. Types of Expert Evidence. Valuation.

Summary:

"I - The value of a shareholding, acquired potestatively (article 490 of the CSC), depends on the value of the controlled company.

II - The value of the controlled company is a question of fact, as it does not directly concern the interpretation and application of the law, but is a prerequisite for the judicial definition of the consideration to which the owner of the controlled company is entitled for its potestative acquisition by the company that now holds more than 90 per cent of the controlled company's capital (article 490, no. 2 of the CSC) and is subject to judicial evaluation, a form of expert evidence, although it does not currently appear in the CPC as such.

III - The choice of the most appropriate method for valuing a specific company is up to the experts, and it is not up to the court, ab initio, to intervene in this matter, since, in principle, it does not have the necessary special knowledge to do so (nor is it likely that it will have to, considering the obvious and manifest complexity of the matter of valuing a company).

IV - However, once this choice has been made, the court is not barred from rejecting a given method if it emerges from the evidence produced, particularly in the development of expert evidence, that the purposes and context in which it is normally used are not appropriate to the specific case or if the majority of experts consider that it is not the most appropriate.

V - As the expert judgements are divergent, the court will have the complex and difficult task of verifying to what extent the assumptions used are "adequate", with a view to making a judgement on the intrinsic merit and degree of conviction to be attributed to the expert report, in the absence of special knowledge on the part of the court, will have to be based on the elements contained in the case file and, in particular, on the entire process of producing the expert evidence - report, written clarifications, oral clarifications, taking particular account of any grounds given for opting for one assumption rather than another.

VI - The offer to acquire the shareholding, under the terms of article 490 no. 2, is accompanied by a consideration, which is naturally required in obedience to the constitutional guarantee of the right to property, i.e. if the legislator allows the forced acquisition of the shareholding, it requires this to take place for a fair consideration.

VII - In the event of a compulsory acquisition of a shareholding, the minority shareholder is recognised as having the right to challenge the value set by the auditor in court and to obtain the difference from the acquirer.

VIII - If the controlling company has made a judicial payment of the consideration, it is there that the question of the value of the consideration must be raised and assessed, as the partner or shareholder considers that it should be higher.

IX - Since the controlling company has initiated special proceedings for the payment of a deposit, in which the value of the consideration is discussed, but the minority shareholder has brought an action under the terms of article 490 no. 6 of the CSC, in which lis pendens was invoked, judged unfounded by final judgement and in which the error in the procedural means was neither invoked nor known until the judgement, making it impossible to know in the appeal (200 no. 2 of the CPC), the present action cannot have as its object an order to pay the consideration, but only the difference between the amount deposited and the amount paid. Since the case is still pending, the present action cannot be aimed at ordering the controlling company to pay the consideration, but only the difference between the amount deposited and the amount found to be due as consideration.

X - If the company has stated in the offer that it will become the owner of the shares or quotas belonging to the unattached members of the dependent company in the event of non-acceptance of the offer at the end of the period set for this and has made the deposit in extrajudicial deposit, by analogy, the member or shareholder may bring an action under the terms of article 490 no. 6 of the CPC, which follows the special procedure of article 1068, by virtue of article 1069 of the CPC.

XI - Since the controlling company has set a deadline for the minority shareholder to accept the offer to acquire the shareholding, accompanied by a statement that if the offer is not accepted at the end of the signed deadline, the company will, at the end of the deadline, become the owner of the shareholding, the request referred to in article 490(6), for the court to declare the shares or quotas as acquired by the controlling company since the action was brought, is unjustified, because it makes no sense for the court to declare acquired what is already acquired.

XII - If the proven facts show that the value of the controlled company is in the range of two values and there is no evidence to consider that one is more accurate than the other, there is room for the intervention of equity, and the value of each share should be fixed at the average resulting from the two values.

XIII - The obligation to pay the difference between the amount deposited and the value of the consideration determined in the proceedings is illiquid, since it depends on a judicial determination at the end of a process of evaluation of the controlled company, and therefore only default interest is payable on it from the date of the final and unappealable decision establishing the value."

https://www.dgsi.pt/jtrg.nsf/86c25a698e4e7cb7802579ec004d3832/561131c5389f0fac80258bb70035be31?OpenDocument

Judgement of the Évora Court of Appeals, of October 10, Case no. 3487/22.7T8PTM-A.E1: Action of Division of Common Property. Counterclaim.

Summary:

"In a special action for the division of a common property, even if there is no dispute as to the acquisition of the property in joint ownership and its indivisible nature, a counterclaim is admissible to determine whether the defendant is entitled to receive the amount, in excess of his share, that he paid for the acquisition of the property, because although the claims correspond to different forms of procedure, they do not follow a manifestly incompatible course, there is a relevant interest and the joint assessment of the claims is indispensable for the fair settlement of the dispute."

https://www.dgsi.pt/jtre.nsf/134973db04f39bf2802579bf005f080b/17e289b2955b4a9680258bbf0055b204?OpenDocument

 

IV.4. Administrative and Tax Courts

Judgement of the Supreme Administrative Court, October 23, Case no. 0166/20.3BELLE: Failure to Pronounce. Complaint. Statement of reasons.

Summary:

"I - There is no nullity due to the omission of a judgement when the court expressly states that knowledge of the other issues is damaged by the validity of the judgement.

II- By issuing a "new" assessment as a result of the partial annulment, in the context of an administrative appeal, of the original assessment, the Tax and Customs Authority is not carrying out an act with innovative content, but only annulling the tax act in the part in which the taxpayer's claim was met, maintaining it for the rest.

III - The amount of tax to be paid as a result of the partial granting of an administrative appeal is substantiated if, in this decision, the cognitive and evaluative itinerary underlying the correction made, in the part in which the taxable person's claim was met, and the calculation of the (lower) amount of tax to be paid, are stated in terms that are apprehensible to a normal recipient."

https://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/f73fdcb081099da580258bc50032f234?OpenDocument

Judgement of the Southern Central Administrative Court, October 10, Case no. 726/14.1BECTB-A: Illegal Cumulation of Claims. Order to Perform the Due Act.

Summary:

"I. In the context of an administrative action, it is possible to cumulate an impugnatory request with a request for an order to carry out the due act.

II. If the administrator reacts against an act of dismissal, it is necessary to formulate a request for an order to carry out the due act.

III. In assessing the (i)legality of the cumulation of claims, it is not necessary to consider the merits of the claim formulated, but only the fulfilment of the assumptions of cumulation.

IV. The decision regarding the specific content of the act considered due relates to the assessment of the merits of the administrative action."

https://www.dgsi.pt/jtca.nsf/170589492546a7fb802575c3004c6d7d/2e10185e0f3e8ce580258bb9002a7755?OpenDocument

V. BRIEFS
V.1. DOCTRINE
V.1.1.  Monographs and Periodicals

Mário Aroso de Almeida, Teoria Geral do Direito Administrativo, Almedina, October 2024.

Alberto Sá e Mello, Manual de Direito de Autor e Direitos Conexos, Almedina, October 2024.

Jorge Brito Pereira, Contratos Bancários, Almedina, October 2024.

Joaquim Miranda Sarmento and Paulo Marques, Finanças Públicas e Direito Fiscal - Volume II: Problemas Atuais, Almedina, October 2024.

Frederico Gonçalves Pereira, A Prática do Contencioso Reflexões e Tendências de Direito Substantivo e Processual, Almedina, October 2024.

Elsa Dias Oliveira, Direito de Conflitos da União Europeia Contributo para o Estudo da Parte Geral, Almedina, October 2024.

José Lucas Cardoso, Curso de Introdução ao Direito, Almedina, October 2024.

José Alexandre Azevedo Faria, O Direito Regional e a Autonomia Tributária das Regiões Autónomas, Almedina, October 2024.

Odete Maria Borges Severino Soares, O Direito de Participação e Audição da Criança nos Processos Judiciais, Almedina, October 2024.

Diogo Leite de Campos, Nós - Estudos Sobre o Direito das Pessoas, Almedina, October 2024.

Maria de Fátima Ribeiro, Comentário Crítico à Lei das Sociedades Desportivas, Almedina, October 2024.

IV.1.2. Generic Guidelines & Cia

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

The Council of Ministers, meeting on October 2 2024, approved a set of laws aimed at valuing the elderly and ensuring active, dignified and safe ageing:

  • A Bill creating the Statute of the Elderly Person;
  • A Decree-Law amending the rules for updating pensions awarded by the Social Security System and the General Retirement Fund in the year immediately following their award;
  • A Decree-Law that improves the Statute for Informal Caregivers;
  • A Regulatory Decree establishing the terms and conditions for recognising the status of the informal carer, as well as support measures for informal caregivers and cared-for persons.

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=638

The Council of Ministers, meeting on October 4 2024, approved the following diplomas and measures:

  • A Decree-Law creating the Green Rail Pass, valid for 30 consecutive days, worth 20 euros, which gives access to the following rail services: (i) Regional Service; (ii) InterRegional Service; (iii) Coimbra Urban Service; (iv) Lisbon and Porto Urban Services, on sections not covered by the metropolitan intermodal pass; and (v) Intercity Service (2nd class);
  • A Resolution of the Council of Ministers for Green Mobility, which establishes the following measures:
    • Creation of Circula PT, which corresponds to a fare modality that gives a discount on the retail fare, applicable to intermodal and monomodal transport tickets for monthly use or for 30 consecutive days, valid for an unlimited number of journeys.
    • Extending access to the free pass for young students to all young people up to and including the age of 23, regardless of whether or not they are studying.

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=639

The Council of Ministers, meeting on 9 October 2024, approved the 2025 State Budget Bill.

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=642

V.2.2. Industrial Property

On October 8 it was announced that the European Commission's Influencer Legal Hub will now feature information on how to register and protect Intellectual Property Rights (IPR).

In addition to this information, recipients of this project can find on this channel summaries of relevant European laws, case law from the Court of Justice of the European Union and links to national consumer protection authorities and other relevant resources.

https://inpi.justica.gov.pt/Noticias-do-INPI/CE-disponibiliza-informacao-sobre-PI-para-influenciadores

On October 11 the INPI and the Polish Patent Office signed a Memorandum of Understanding (MoU) on cooperation between the two institutions, with the aim of promoting the exchange of information and best practices, as well as the sharing of knowledge and experience in the field of specialised Industrial Property (IP) services.

https://inpi.justica.gov.pt/Noticias-do-INPI/INPI-e-Instituto-de-Patentes-da-Polonia-assinam-Memorando-de-Entendimento

Provisional statistics on Industrial Property Rights (IPR) applications and grants for September 2024 were released on October 15:

i) In the first nine months of the year, 658 applications for national inventions were filed and 148 national inventions were granted, compared to 144 granted in 2023;

ii) The number of European Patent validations filed in Portugal between January and September 2024 fell by 7.8 per cent year-on-year (1,994 in 2024, 2,163 in 2023);

iii) There were 16,189 applications for registration of National Trademarks and Other Distinctive Trade Signs (OSDC) from January to September 2024, representing an increase of 0.9%. In the same period, 13,049 National Trademarks and OSDCs were granted (12,412 in 2023);

iv) The number of objects included in National Design applications rose from 672 between January and September 2023 to 491 in 2024.

https://inpi.justica.gov.pt/Noticias-do-INPI/Direitos-de-Propriedade-Industrial-janeiro-a-setembro-2024-1

On 24 October the INPI announced that it had revised and standardised the forms for applications for Industrial Property Rights and other acts.

The updated forms are available on the INPI website, organised by type of Industrial Property.

https://inpi.justica.gov.pt/en-gb/Documents/Legislation-and-other-documents/Forms


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