Legal updates in Portugal – December 2024

case-legal19, Uncategorized

I. EDITORIAL - STATE BUDGET FOR 2025; UPDATING OF THE MINIMUM MONTHLY WAGE FOR 2025

The month of December was characterized, in legislative terms, by the publication of Law no. 45-A/2024, of December 31, which approved the State Budget for 2025, as well as the publication of Decree-Law no. 112/2024, of December 19, which updates the value of the guaranteed minimum monthly wage (RMMG) from 1 January 2025.

Also noteworthy, at a legislative level, are:

Within the scope of case law, we highlight the Judgement of the Constitutional Court no. 895/2024, December 11, Case no. 1330/202326/2022, in which it was decided "a) To rule that article 56 no. 1 of the Portuguese Nationality Regulation (approved by Decree-Law no. 237-A/2006, of 14 December), as amended by Decree-Law no. 26/2022, of March 18, in the part that concerns the starting point for counting the time limit for bringing legal proceedings for the purpose of opposing the acquisition of nationality by effect of will, on the grounds of illegality due to violation of article 10 of Law no. 37/81, of October 3 (Nationality Law), as amended by Organic Law no. 2/2006, of April 17; (…)”.

Finally, in Miscellaneous, it was approved, in the Council of Ministers, the Decree-Law extending the exceptional measures to simplify procedures for producing energy from renewable sources until 31 December 2026.

II. LEGISLATION

Law no. 43/2024, of December 2: Amends Law no. 30/2021, of May 21, which approves special public procurement measures.

https://files.diariodarepublica.pt/1s/2024/12/23300/0000200005.pdf

Decree-Law no. 99/2024 of December 3: Amends the regulatory framework applicable to renewable energies.

https://files.diariodarepublica.pt/1s/2024/12/23400/0000200217.pdf

Ordinance no. 311/2024/1, of December 3: Updates the reference value of the solidarity supplement for the elderly and the amount of the solidarity supplement for the elderly.

https://files.diariodarepublica.pt/1s/2024/12/23400/0023400234.pdf

Ordinance no. 314/2024/1, of December 4: Fourth amendment and republication of Ordinance no. 26/2017, of January 13, which establishes additional rules on the designation, presentation and labelling of products from the wine sector, whether or not they are entitled to a designation of origin (DO) or geographical indication (GI).

https://files.diariodarepublica.pt/1s/2024/12/23500/0012700145.pdf

Resolution of the Council of Ministers no. 178/2024, of December 5: Approves the extension of the validity of temporary protection certificates granted to displaced persons from Ukraine under Council of Ministers Resolution no. 29-A/2022, of March 1.

https://files.diariodarepublica.pt/1s/2024/12/23600/0000800008.pdf

Decree-Law no. 104/2024, of December 9: Transposes Directive (EU) 2019/997 and Delegated Directive (EU) 2024/1986, creating a uniform provisional travel document for the European Union.

https://files.diariodarepublica.pt/1s/2024/12/23800/0000200011.pdf

Notice no. 52/2024/1, of December 9: Entry into force of the Agreement on the Unified Patent Court, signed in Brussels on 19 February 2013.

https://files.diariodarepublica.pt/1s/2024/12/23800/0001200014.pdf

Ordinance no. 320/2024/1, of December 9: Sets the amount and method of collection of the fees due to the Directorate-General for Energy and Geology for the acts provided for in Decree-Law no. 30/2021, of May 7, under the terms of article 76 of that law and article 61 no. 2 and no. 4 of Law no. 54/2015, of June 22.

https://files.diariodarepublica.pt/1s/2024/12/23800/0001900021.pdf

Declaration of Rectification no. 39/2024/1, of December 10: Rectifies Decree-Law no. 76/2024, of October 23, published in Diário da República, 1st series, no. 206, of October 23, 2024.

https://files.diariodarepublica.pt/1s/2024/12/23900/0000400005.pdf

Ordinance no. 321/2024/1, of December 10: Approves the list of substances and methods prohibited from January 1st, 2025.

https://files.diariodarepublica.pt/1s/2024/12/23900/0000700021.pdf

Ordinance no. 322-A/2024/1, of December 10: Regulates Circula PT, created by Council of Ministers Resolution no. 134-C/2024, of October 11, defining the conditions for its attribution, as well as the procedures for its operationalisation and compensation.

https://files.diariodarepublica.pt/1s/2024/12/23901/0000200009.pdf

Ordinance no. 326/2024/1, of December 16: Determination of the interest rate for late payment of airspace route charges in flight information regions.

https://files.diariodarepublica.pt/1s/2024/12/24300/0000800008.pdf

Declaration of Rectification no. 41-A/2024/1, of December 17: Rectifies Ordinance no. 322-A/2024/1, of December 10, which regulates Circula PT, created by Council of Ministers Resolution no. 134-C/2024, of October 11, defining the conditions for its attribution, as well as the procedures for its operationalisation and compensation.

 https://files.diariodarepublica.pt/1s/2024/12/24401/0000200002.pdf

Decree-Law no. 107/2024, of December 18: Amends Decree-Law no. 82/2009, of April 2, setting the amount of the remuneration supplement to be paid to doctors working as health authorities.

https://files.diariodarepublica.pt/1s/2024/12/24500/0000300004.pdf

Declaration of Rectification no. 43/2024/1, of December 18: Rectifies Ordinance no. 311/2024/1, of December 3, published in Diário da República, 1st series, no. 234, of December 3rd, 2024.

https://files.diariodarepublica.pt/1s/2024/12/24500/0001800018.pdf

Decree-Law no. 108/2024 of December 18: Exempts prior review of the execution project in projects financed or co-financed by European funds.

https://files.diariodarepublica.pt/1s/2024/12/24500/0000500006.pdf

Decree-Law no. 112/2024, of December 19: Updates the value of the guaranteed minimum monthly wage for 2025.

https://files.diariodarepublica.pt/1s/2024/12/24600/0001700018.pdf

Ordinance no. 344/2024/1, of December 19: Proceeds with the first amendment to Ordinance no. 293/2018, of October 31, which regulates matters relating to road training courses for obtaining and renewing the driver's certificate for the individual and remunerated transport of passengers in uncharacterised vehicles from an electronic platform (CMTVDE).

https://files.diariodarepublica.pt/1s/2024/12/24600/0008300085.pdf

Ordinance no. 350/2024/1, of December 23: Approves the model 39 declaration and the respective instructions for filling in the declaration to fulfil the obligation referred to in article 119 no. 12 (b) of the Personal Income Tax Code.

https://files.diariodarepublica.pt/1s/2024/12/24800/0000700017.pdf

Ordinance no. 352/2024/1, of December 23: Regulates the tax incentive scheme for scientific research and innovation, provided for in article 58-A of the Tax Benefits Statute.

https://files.diariodarepublica.pt/1s/2024/12/24800/0004000045.pdf

Regional Legislative Decree no. 20/2024/M, of December 23: Approves the value of the guaranteed minimum monthly wage for the Autonomous Region of Madeira.

https://files.diariodarepublica.pt/1s/2024/12/24800/0005000051.pdf

Ordinance no. 354/2024/1, of December 26: Establishes the value of the correction factor for the contribution index provided for in article 79-A of the Regulation of the Lawyers' and Solicitors' Welfare Fund, approved by Decree-Law no. 119/2015, of June 29, for the year 2025.

https://files.diariodarepublica.pt/1s/2024/12/25000/0000300003.pdf

Ordinance no. 355/2024/1, of December 27: Proceeds with the eighth amendment to Ordinance no. 207/2017, published in the Diário da República, 1st series, of July 11 of 2017.

https://files.diariodarepublica.pt/1s/2024/12/25100/0001700020.pdf

Ordinance no. 355-A/2024/1, of December 27: Sets the rate of the surcharge on CO2 emissions provided for in article 92-A of the Excise Duty Code.

https://files.diariodarepublica.pt/1s/2024/12/25101/0000600006.pdf

Ordinance no. 355-B/2024/1, of December 27: Revises and sets the unit rates of the tax on oil and energy products.

https://files.diariodarepublica.pt/1s/2024/12/25101/0000700008.pdf

Decree-Law no. 116/2024 of December 30: Extends the exceptional measures to simplify procedures for producing energy from renewable sources.

https://files.diariodarepublica.pt/1s/2024/12/25200/0000700008.pdf

Decree-Law no. 117/2024 of December 30: Amends the Legal Framework for Territorial Management Instruments, approved by Decree-Law no. 80/2015 of May 14.

https://files.diariodarepublica.pt/1s/2024/12/25200/0000900016.pdf

Declaration of Rectification no. 46/2024/1, of December 30: Rectifies Ordinance no. 314/2024/1, of December 4, which proceeds to the fourth amendment and republication of Ordinance no. 26/2017, of January 13, which establishes the complementary rules on the designation, presentation and labelling of products from the wine sector, whether or not they are entitled to a designation of origin (DO) or geographical indication (GI).

https://files.diariodarepublica.pt/1s/2024/12/25200/0010400104.pdf

Ordinance no. 358/2024/1, of December 30: Determines the normal age of access to the old-age pension in 2026.

https://files.diariodarepublica.pt/1s/2024/12/25200/0011600117.pdf

Ordinance no. 365-A/2024/1, of December 30: Fixes the percentage amount of the court fee to be allocated to the Social Security Executive Collection Fund.

https://files.diariodarepublica.pt/1s/2024/12/25201/0000200003.pdf

Decree-Law no. 118/2024 of December 31: Transposes Directives (EU) 2020/739 and (EU) 2019/1833, adding to the list of biological agents known to be infectious to humans provided for in Decree-Law no. 84/97 of April 16.

https://files.diariodarepublica.pt/1s/2024/12/25300/0000300026.pdf

Decree-Law no. 121/2024, of December 31: Amends the technical inspection regime for motor vehicles and their trailers.

https://files.diariodarepublica.pt/1s/2024/12/25300/0003300034.pdf

Decree-Law no. 122/2024, of December 31: Creates the Climate Agency, I. P.

https://files.diariodarepublica.pt/1s/2024/12/25300/0003500076.pdf

Ordinance no. 367/2024/1, of December 31: Establishes the terms and conditions of the energy registration and bilateral contracting activity.

https://files.diariodarepublica.pt/1s/2024/12/25300/0012200126.pdf

Law no. 45-A/2024, of December 31: State Budget for 2025.

https://files.diariodarepublica.pt/1s/2024/12/25301/0000200310.pdf

Law no. 45-B/2024, of December 31: Major Options Law for 2024-2028.

https://files.diariodarepublica.pt/1s/2024/12/25302/0000200082.pdf

Ordinance no. 372-A/2024/1, of December 31: Approves the rules for the allocation of tobacco tax revenue collected or generated in the Autonomous Regions of the Azores and Madeira, as well as the capitation system provided for in paragraphs 3 and 4 of article 254 of Law no. 82/2023, of December 29.

https://files.diariodarepublica.pt/1s/2024/12/25302/0008300085.pdf

Ordinance no. 372-B/2024/1, of December 31: Proceeds with the annual updating of pensions and other social benefits.

https://files.diariodarepublica.pt/1s/2024/12/25302/0008600095.pdf

II. Public Procurement1

Announcement no. 25925/2024, of December 2: Contract to refurbish a building and adapt it for an emergency, temporary and transitional reception centre (CAUTT) - Municipality of Évora - €1,782,209.01 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418408266.pdf

Announcement no. 25956/2024, of December 2: Refurbishment of the existing building (adapting its functionality and introducing fire safety, energy efficiency and environmental impact reduction systems) and its extension through the construction of a new building to complement teaching activities and provide this school with an auditorium. - Municipality of Lagos - €12,000,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418405852.pdf

Announcement no. 25964/2024, of December 2: Contract for the complete refurbishment of the interior of the building located at Avenida Manuel, no. 58, in Lisbon - Institute for the Financial Management of Social Security, IP - €3,740,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418401745.pdf

Announcement no. 25967/2024, of December 2: Requalification of Dr. José de Jesus Neves Júnior Basic School - Municipality of Faro - €6,338,774.52 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418403187.pdf

Announcement no. 25980/2024, of December 2: Contract for the Renovation of the University Residence Lot O - University of Algarve - €1,380,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418408825.pdf

Announcement no. 25992/2024, of December 2: Construction of the new Paços de Ferreira health centre - Municipality of Paços de Ferreira - €12,343,234.21 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418413555.pdf

Announcement no. 25993/2024, of December 2: P270/2024 - Design-Build of 36 affordable rental dwellings on Av. D. Nuno Álvares Pereira in Ourém (99646/2024) - Municipality of Ourém - €5,564,642.52 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418405228.pdf

Announcement no. 26042/2024, of December 2: São Pedro do Sul Health Centre (2nd Phase) - Construction of Building - Municipality of São Pedro do Sul - € 2,215,396.75 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/233/418417849.pdf

Announcement no. 26082/2024, of December 3: São Mamede Municipal Sports Pavilion - Municipality of Batalha - €2,090,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/234/418412672.pdf

Announcement no. 26085/2024, of December 3: Rehabilitation of the municipal road network - 2nd phase - Municipality of Celorico de Basto - €1,979,649.95 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/234/418417581.pdf

Announcement no. 26175/2024, of December 3: Construction of 16 new homes in two housing blocks - Portela do Vale and Construction of 12 new homes - Santo António Urbanisation - Municipality of Mação - €3,293,775.29 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/234/418423112.pdf

Announcement no. 26212/2024, of December 4: Contract for a Parish Crèche for 92 children - Ferrão Ferro Parish Social Welfare Centre - €2,269,228.81 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/235/418426718.pdf

Announcement no. 26215/2024, of December 4: Contract for the "Rehabilitation and Refurbishment of a Building in Rua Grande for the Installation of Affordable Housing - Abrantes" - Abrantes Municipality - €1,910,350.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/235/418426094.pdf

Announcement no. 26235/2024, of December 4: Contract for Vila Franca de Xira enclosure - Implementation of measures to rehabilitate/refurbish the enclosure and the building complex - EPAL - Empresa Portuguesa das Águas Livres, S. A. - €3,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/235/418425827.pdf

Announcement no. 26238/2024, of December 4: Montalegre Health Centre Requalification Contract - Municipality of Montalegre - €1,294,378.82 (ComprasPT)

https://files.diariodarepublica.pt/cp_hora/2024/12/235/418425487.pdf

Announcement no. 26296/2024, of December 4: Housing construction - 8 dwellings - Póvoa da Mealhada - Municipality of Mealhada - €1,460,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/235/418427041.pdf

Announcement no. 26349/2024, of December 5: Construction of 22 dwellings - Rua de Alvura, Milheirós - Operation 1st Right SIGA no. 62561 - Espaço Municipal - Urban Renewal and Heritage Management, E. M., S. A. - €3,163,950.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418431578.pdf

Announcement no. 26392/2024, of December 5: Contract no. 140/DMMC/DIOA/DGOA/20 - Rehabilitation of the Olivais Dock Walkway - Municipality of Lisbon - €1,255,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418433246.pdf

Announcement no. 26406/2024, of December 5: Contract for the Supply and Installation of the Laje Pumping Station Reinforcement, according to the characteristics and conditions stipulated in the Specifications. - EDIA - Empresa de Desenvolvimento e Infra Estruturas do Alqueva, S. A. - € 1,430,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418434129.pdf

Announcement no. 26413/2024, of December 5: Contract for the Remodelling of Water Supply Networks in Martim Longo. - Municipality of Alcoutim - €1,332,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418433149.pdf

Announcement no. 26424/2024, of December 5: Refurbishment and Improvement of the Cancela de Abreu Neighbourhood - 1st Right Programme - Municipality of Amarante - € 2,525,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418432509.pdf

Announcement no. 26426/2024, of December 5: Construction of a Continued Care Unit - CERCIG - Coop. Edu. Reab. Cidadãos Inadaptados. - € 2,980,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418435255.pdf

Announcement no. 26444/2024, of December 5: CP 101/2024 - Contract for the Vendas Novas Citizen's Bureau - Municipality of Vendas Novas - €1,152,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/236/418434761.pdf

Announcement no. 26458/2024, of December 5: 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/2024/12/236/418419071.pdf

Announcement no. 26483/2024, of December 6: Acquisition of insurance services directly from an insurance company, through which the risks identified in Part II of the procurement specifications are transferred. - INEM - National Institute of Medical Emergency - € 2,199,445.71 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418424247.pdf

Announcement no. 26485/2024, of December 6: PE_24133_CNE - National Public Procurement for the Contract for the Rehabilitation and Conversion of the Building at Av. 1º de Maio, Crestelo, Seia, into a Student Residence -Public Work, E.P.E. - € 4,601,107.62 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418435911.pdf

Announcement no. 26521/2024, of December 6: Contract 2024_31_DIT(DOM) Cultural Quarter - Municipality of Torres Novas - €4,500,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418431804.pdf

Announcement no. 26525/2024, of December 6: Design-Build Construction of 2 Housing Blocks at Av. D. Manuel I, no. 5, Lousã - Municipality of Lousã - €3,387,320.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418422092.pdf

Announcement no. 26549/2024, of December 6: Public Space Requalification Contract at Quinta do Ferro - Phase 1 - Lisboa Ocidental SRU – Urban Rehabilitation Society, E.M., S.A - €1,004,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418428832.pdf

Announcement no. 26553/2024, of December 6: Contract - Refurbishment and extension of a residential structure for the elderly - CD - ERPI - SAD - Sourões Social Solidarity Center - €1,590,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418437572.pdf

Announcement no. 26594/2024, of December 6: Contract for the Construction of Multifamily Housing Buildings at Street Cardeal Humberto Medeiros, Arrifes - Municipality of Ponta Delgada - €4,450,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/237/418410477.pdf

Announcement no. 26621/2024, of December 9: Contract for the Refurbishment and Expansion of CINDOR's Headquarters - Cindor - Professional Training for the Goldsmiths and Watchmakers Industry - €2,059,888.00 (ComprasPT)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418442829.pdf

Announcement no. 26639/2024, of December 9: Requalification and Expansion of Loureiro Botas Secondary School - Municipality of Marinha Grande - €6,593,560.10 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418431472.pdf

Announcement no. 26657/2024, of December 9: CT-24/01422 - Acquisition of school transport for students with special health needs unable to use the public transport network - 2025 to 2027 - Municipality of Sintra - €3,120,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418433368.pdf

Announcement no. 26658/2024, of December 9: Rehabilitation of Neighbourhood Afonso Costa - Setúbal Municipality - €24,420,276.09 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418431489.pdf

Announcement no. 26664/2024, of December 9: Design/build contract for the upgrade of the Santa Cruz wastewater treatment plant - Águas do Tejo Atlântico, SA - €7,410,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418440025.pdf

Announcement no. 26671/2024, of December 9: Acquisition of Insurance Policies for the Municipality of Vila Nova de Gaia - Municipality of Vila Nova de Gaia - €9,112,350.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418427811.pdf

Announcement no. 26676/2024, of December 9: Design-Construction of the MATOSINHOS METROBUS/BRT LINE - Matosinhos City Council - €23,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418431278.pdf

Announcement no. 26684/2024, of December 9: Purchase of insurance services for NAV Portugal, E.P.E. - 2025/2026 – Portugal Air Navigation - NAV Portugal, E.P.E. - €3,546,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418438244.pdf

Announcement no. 26706/2024, of December 9: 286CP24 Design-Build Contract for the Refurbishment of the Biogas System at the Freixo Wastewater Treatment Plant - Águas e Energia do Porto E.M - €1,920,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/238/418443444.pdf

Announcement no. 26810/2024, of December 10: Contract for the Conservation of track and station infrastructures of the Mondego Mobility System - Metro Mondego, S.A. - €1,516,684.58 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/239/418449171.pdf

Announcement no. 26848/2024, of December 10: Construction of the Odivelas Poente Health Unit - Municipality of Odivelas - €4,516,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/239/418438828.pdf

Announcement no. 26849/2024, of December 10: Construction of the New Health Unit - Pontinha - Municipality of Odivelas - €3,800,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/239/418439516.pdf

Announcement no. 26934/2024, of December 11: Acquisition of Motor Civil Liability Insurance Services for the municipal fleet - Municipality of Lisbon - € 2,600,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/240/418444108.pdf

Announcement no. 26938/2024, of December 11: Requalification of Pinhal do Rei Secondary School - Municipality of Marinha Grande - € 6,163,106.44 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/240/418436284.pdf

Announcement no. 26989/2024, of December 12: Acquisition of two autonomous unmanned underwater vehicles (AUV 1000M and AUV 6000M) equipped with scientific sensors, for the purpose of systematic data collection in the Exclusive Economic Zone of the Autonomous Region of Madeira - Regional Agency for the Development of Research, Technology and Innovation - Association - €6,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/241/418447949.pdf

Announcement no. 27006/2024, of December 12: Energy Rehabilitation Contract for Building VII of NOVA FCT - Universidade Nova de Lisboa - €3,900,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/241/418460073.pdf

Announcement no. 27021/2024, of December 12: PURCHASE OF INSURANCE SERVICES FOR NAV PORTUGAL, E.P.E. - 2025/2026 - Portuguese Air Navigation - NAV Portugal, E.P.E. - €3,546,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/241/418449074.pdf

Announcement no. 27053/2024, of December 12: (DAG) Acquisition of a speech-to-text and NLP technological solution that allows for the proper completion of clinical diaries and similar, in the hospital and CSP spheres (PRR) (20240389) - SPMS - Shared Services of the Health Ministry, E. P. E. E. - €1,016,949.12 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/241/418450694.pdf

Announcement no. 27060/2024, of December 12:  Construction contract for the Salto Multifunction Pavilion - Municipality of Montalegre - €2,652,680.79 (ComprasPT)

https://files.diariodarepublica.pt/cp_hora/2024/12/241/418456956.pdf

Announcement no. 27112/2024, of December 13: Requalification of the Penela Health Centre, under the scope of the PRR - Municipality of Penela - €1,629,731.60 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/242/418448872.pdf

Announcement no. 27229/2024, of December 13: Acquisition of health insurance for employees – Lisbon’s Holy House of Mercy - € 3,190,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/242/418457288.pdf

Announcement no. 27244/2024, of December 16: Contract for the rehabilitation of four buildings at Street Alexandre Rosado, nos. 28, 29, 30/34 and 35 in Évora – Habévora - Housing Management Limited, E.M. - €2,361,100.17 (ComprasPT)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418469738.pdf

Announcement no. 27256/2024, of December 16: Expansion and Requalification 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/2024/12/243/418458681.pdf

Announcement no. 27264/2024, of December 16: Contract for the Structural Rehabilitation and Electromechanical Elements of Cais do Sodré Station, on the Green Line, of Metropolitano de Lisboa, E.P.E. - Metropolitano de Lisboa, E. P. E. E. - €12,500,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418460876.pdf

Announcement no. 27303/2024, of December 16: Public works contract for the construction of a new healthcare facility in the Autonomous Region of Madeira, specifically an integrated long-term care and maintenance facility. - DILECTUS - Assisted Living Residences, S. A. - €9,850,000.00 (Asimov)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418460081.pdf

Announcement no. 27304/2024, of December 16: Contract 62/Gebalis/2024 – Neighbourhood Alta de Lisboa - PER 6 - Building rehabilitation and conservation works - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - €2,229,182.80 (GovYear)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418466076.pdf

Announcement no. 27305/2024, of December 16: Contract 115/Gebalis/2024 - Neighbourhood Alta de Lisboa - PER 10 - Building rehabilitation and conservation works - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - €2,090,266.19 (GovYear)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418466213.pdf

Announcement no. 27317/2024, of December 16: Slope stabilisation contract, on the Regional Road - Parish of Raminho - Terceira Island - Regional Directorate for Public Works - € 2,400,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418471932.pdf

Announcement no. 27334/2024, of December 16: Contract for the construction, extension, rehabilitation and conversion of part of the Sagrado Coração Missionary College into an ERPI. - Social and Parish Centre of São Bento da Ribeira Brava - € 4,929,259.69 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/243/418474013.pdf

Announcement no. 27437/2024, of December 17: Local Housing Strategy / Construction of 30 dwellings lot 38-A – Street of Sousão - Loteamento Alto do Vilarinho - Municipality of Carrazeda de Ansiães - €3,528,760.08 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/244/418475456.pdf

Announcement no. 27467/2024, of December 17: Construction Contract for the New Basic Emergency Service in Odemira for ULSLA, EPE – Local Health Unit of Litoral Alentejano EPE - €3,240,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/244/418478859.pdf

Announcement no. 27486/2024, of December 17: Contract for the Construction of a Building for Collaborative and Community Housing - CERCI Flor da Vida, CRL - €1,352,501.73 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/244/418481814.pdf

Announcement no. 27596/2024, of December 18: Contract - Construction of 32 houses and roads in BIC - Municipality of Monção - € 3,360,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/245/418487752.pdf

Announcement no. 27598/2024, of December 18: Modernisation with Expansion of the Nuno Gonçalves 2/3 Basic School - Lisboa Ocidental SRU – Urban Rehabilitation Society, E.M., S.A - € 1,083,065.60 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/245/418475431.pdf

Announcement no. 27666/2024, of December 19: Public Procurement no. 21/2024 - Contract for the design-construction of a residential building for 18 flats at Av. Gomes Pereira, no. 80 (Tardoz), in the parish of Benfica, under the "1st Right" programme, within the scope of the RE-CO2-i01 Investment Programme "Programme to Support Access to Housing". - Benfica Parish Council - €2,000,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/246/418490165.pdf

Announcement no. 27686/2024, of December 19: Requalification of the Monção Health Centre - Municipality of Monção - €2,436,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/246/418492588.pdf

Announcement no. 27707/2024, of December 20: 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/2024/12/247/418483426.pdf

Announcement no. 27708/2024, of December 20: Urban redevelopment of Street da Estrada - Vila Velha de Ródão Town Hall - €2,862,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418483434.pdf

Announcement no. 27717/2024, of December 20: Alteration and extension of building for crèche, kindergarten and services - Trevões Social and Parish Centre - €1,688,695.74 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418492863.pdf

Announcement no. 27742/2024, of December 20: Construction of Collaborative and Community Housing in Sobrosa - Sobrosa Parish Social Assistance Centre - €1,415,030.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418495714.pdf

Announcement no. 27744/2024, of December 20: Construction of 30 dwellings - Street do Seixido, Street Bairro da Brisa, Pedrouços - Lugar da Arroteia - Operation 1st SIGA Right no. 62892 - Espaço Municipal - Urban Renewal and Property Management, E. M., S. A. - €4,459,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418495755.pdf

Announcement no. 27774/2024, of December 20: Public Procurement with advertising in the Official Journal of the European Union (OJEU), the main object of which is the execution of the Contract for the Design-Construction of a Building for an Integrated Continued Care Unit, located on the side of Street Santos Pousada and Travessa do Pinheiro - STGT Projects - Gaia, L.da - € 8,800,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418484925.pdf

Announcement no. 27785/2024, of December 20: Urban rehabilitation of the town of Mação - Municipality of Mação - € 3,487,733.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418496484.pdf

Announcement no. 27790/2024, of December 20: Rehabilitation of the Cantanhede Health Centre, by Contract - CP-CCP-EMP no. 22/2024 - Cantanhede Municipality - €1,855,397.20 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418493681.pdf

Announcement no. 27804/2024, of December 20: Improvement and Requalification of E.M. 564-2 - Municipality of Lousada - € 1,685,696.11 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418493284.pdf

Announcement no. 27819/2024, of December 20: Expansion of the Passos Social District - Cerdal - Municipality of Valença - €1,300,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418498639.pdf

Announcement no. 27820/2024, of December 20: EM-2024/00092 - Contract for the construction of the Collective Housing Building at controlled costs for rental of ELHS_PRJ13F located at Street Dr. Sá Marques, Idanha, UF Queluz e Belas, Sintra - Municipality of Sintra - € 1,049,281.81 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418480697.pdf

Announcement no. 27821/2024, of December 20: 24/00091 - Contract for the Construction of a Collective Housing Building at Controlled Costs, designated ELH - PRJ13 D3 Parcel F, at Street Nova do Zambujal, no. 11/ Rua Eduardo Augusto Cortez no. 10, in Cacém - Municipality of Sintra - € 2,650,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418480989.pdf

Announcement no. 27852/2024, of December 20: Contract 114/GEBALIS/2024 - Neighbourhood Alta de Lisboa - PER 11 - Building rehabilitation and conservation works - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - € 3,561,084.97 (GovYear)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418498274.pdf

Announcement no. 27859/2024, of December 20: Contract 2024_40 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/2024/12/247/418491283.pdf

Announcement no. 27861/2024, of December 20: Contract 2024_41 DIT(DCP/DOM) Design-Build Multifamily Housing Building at Street Miguel Bombarda in Torres Novas - Municipality of Torres Novas - € 1,238,938.68 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418491753.pdf

Announcement no. 27866/2024, of December 20: Requalification of Monção Secondary School - Municipality of Monção - € 4,658,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418499546.pdf

Announcement no. 27871/2024, of December 20: Contract for the Renovation of the António Gedeão University Residence - University of Évora - € 2,527,262.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/247/418497001.pdf

Announcement no. 27896/2024, of December 23: Subscription to Cloud Services and Volume SW Licensing - EDA - Electricity dos Azores, S. A. - €4,118,249.33 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418488238.pdf

Announcement no. 27907/2024, of December 23: Public works contract for the conservation and restoration of the Belém Tower. - Lisbon Tourism Association - Visitors and Convention Bureau - €1,182,192.10 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418500954.pdf

Announcement no. 27917/2024, of December 23: Construction of 24 dwellings - Street Alvarim Vieira - Lot 1, Águas Santas and Rehabilitation of 6 dwellings - Street Alvarim Vieira - Lot 2, Águas Santas - SIGA 1st Right Operations no. 62884 and no. 62887 - Municipal Space - Urban Renewal and Heritage Management, E. M., S. A. - €4,799,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418501942.pdf

Announcement no. 27921/2024, of December 23: Contract for the Arouca Health Park - USF Arouca and Novo Norte - Municipality of Arouca - €6,664,286.10 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418489031.pdf

Announcement no. 27933/2024, of December 23: Design-build contract for 36 homes - Neighbourhood Olival do Pancas, Pontinha. - Municipality of Odivelas - €7,706,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418474168.pdf

Announcement no. 27940/2024, of December 23: Contract for the refurbishment and extension of EB Professor Oliveira Marques - Lisboa Ocidental SRU – Urban Rehabilitation Center, E.M., S.A. - €6,061,076.55 (GovYear)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418493308.pdf

Announcement no. 27957/2024, of December 23: Public works contract for the rehabilitation of 21 vacant social rental units belonging to the real estate assets of IGFSS - Institute for the Financial Management of Social Security, IP - €1,092,050.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418489348.pdf

Announcement no. 28007/2024, of December 23: Contract for Reconfiguration of the Póvoa da Galega drainage system EE1, EE2 and EE3 - Águas do Tejo Atlântico, S. A. - €1,800,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418503927.pdf

Announcement no. 28009/2024, of December 23: Street Direita - Requalification of Tr. da Regeneração and Others – Management and Works of Porto, E.M. - €3,165,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418503846.pdf

Announcement no. 28017/2024, of December 23: Contract for the construction of the new building for the Knowledge Production and Dissemination Centre of the Polytechnic Institute of Tomar - Polytechnic Institute of Tomar - €1,800,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418504501.pdf

Announcement no. 28032/2024 of December 23: The work to be carried out includes the construction of residential buildings for 21 dwellings and the preparation of the respective preliminary project and execution project, including technical assistance and special technical assistance. - Palmela Town Council - €2,554,811.32 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418492003.pdf

Announcement no. 28035/2024, of December 23: Contract for the construction of a building on Plot 82 - Street Alberto Valente, in Águas de Moura - execution of building construction works and preparation of the respective preliminary project, execution project, technical assistance and special technical assistance. - Palmela Town Council - €1,077,735.84 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/248/418489178.pdf

Announcement no. 28064/2024, of December 26: Acquisition of products and services within the scope of the Specialised Computer Technology Centre. - José Estêvão School Group, Aveiro - €1,010,733.50 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418502517.pdf

Announcement no. 28081/2024, of December 26: Requalification and extension of the Santos Simões basic school - Mesão Frio - Municipality of Guimarães - €15,322,476.19 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418494183.pdf

Announcement no. 28082/2024, of December 26: Rehabilitation of the Pevidém EB2,3 School building - Selho S. Jorge - Municipality of Guimarães - €11,898,198.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418494897.pdf

Announcement no. 28083/2024, of December 26: CLPQ No. 01/DRL/DA/2024 - Acquisition of corrective, adaptive and evolutionary maintenance services for the Integrated Internal Resources Management System (SIGRI), from 1 May to 31 December 2025, and for the years 2026 and 2027. - National Republican Guard - €1,921,750.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418504307.pdf

Announcement no. 28110/2024, of December 26: Public works contract for the Quinta de Marim Building - Centro Ed. Amb. Marim, Serv. Púb. Olhão, J. Lúcio Ecomuseum - Institute for Nature Conservation and Forests, I.P. - € 1,480,020.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418507289.pdf

Announcement no. 28127/2024, of December 26: Contract for "Construction of 22 affordable housing units in Rossio ao Sul do Tejo - Abrantes" - Abrantes Municipality - € 2,552,532.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418507889.pdf

Announcement no. 28129/2024, of December 26: Contract; Requalification, improvement and energy recovery of Castro Basic School - Municipality of Trofa - € 4,338,482.98 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418508439.pdf

Announcement no. 28137/2024, of December 26: Construction of Student Residence in Talgueira - Polytechnic Institute of Castelo Branco - € 3,266,480.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418509143.pdf

Announcement no. 28145/2024, of December 26: Refurbishment of the Student Residence Wing 1 - VPA and Wing 2 - EMG - Polytechnic Institute of Castelo Branco - € 2,142,025.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418509776.pdf

Announcement no. 28148/2024, of December 26: Construction Contract for the Collaborative and Community Housing Complex – People’s House of Alvito - €1,389,873.47 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418510147.pdf

Announcement no. 28153/2024, of December 26: Contract for the Rehabilitation of Lots 57 and 58, Neighbourhood of Olival do Pancas, Pontinha - Municipality of Odivelas - €1,650,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418504145.pdf

Announcement no. 28155/2024, of December 26: Local Housing Strategy - Programme to Support Access to Housing - Construction of Housing in Golegã (Street Bom Jardim / Street Nova da Liberdade) - Municipality of Golegã - €1,472,088.74 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/250/418508869.pdf

Announcement no. 28232/2024, of December 27: Refurbishment of buildings on the school campus of Escola Superior Náutica Infante D. Henrique under the PRR - Blue Hub School Project (ATI6) - Escola Superior Náutica Infante D. Henrique - €1,400,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/251/418513128.pdf 

Announcement no. 28240/2024, of December 27: Rehabilitation of the Óscar Marques sports field - 2nd Phase - Matosinhos City Council - €1,698,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/251/418506357.pdf

Announcement no. 28278/2024, of December 30: Purchase of equipment, furniture and software for the Specialised IT Technology Centre of APEPAT - Association for the Promotion of Vocational Education in Alto Tâmega - €1,097,536.93 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418508399.pdf

Announcement no. 28312/2024, of December 30: 01/81205.42/2024 - Contract for the new Psychiatry unit (Inpatient and Outpatient) at the Santa Maria da Feira Unit - PRR – Local Health Unit in Entre O Douro e Vouga, E.P.E. - €6,546,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418513614.pdf

Announcement no. 28342/2024, of December 30: Rehabilitation of BIORIA Buildings in Esteiro de Salreu, municipality of Estarreja - Municipality of Estarreja - €1,046,069.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418515956.pdf

Announcement no. 28344/2024, of December 30: Improvement and Expansion of the Avanca Health Unit - USF Águas do Gonde, in the parish of Avanca, in the municipality of Estarreja - Municipality of Estarreja - €1,543,050.39 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418515964.pdf

Announcement no. 28375/2024, of December 30: Contract for General Civil Construction Improvements, under the terms mentioned in the procurement documents - Águas do Tejo Atlântico, SA - €3,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418518686.pdf

Announcement no. 28382/2024, of December 30: Rehabilitation of Metal Structure Buildings at the Charneca Waterworks (Multipurpose Building), Atouguia da Baleia (Pre-treatment Building and Filtration Building), Zambujeira (Pre-treatment Building); Frielas (Desander Building) and Beirolas (a Primary Decanter). This includes work on masonry, metalwork, metal structures, painting, reinforced concrete, demolition, pipework and electrical installations. - Águas do Tejo Atlântico, SA - €1,600,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418518864.pdf

Announcement no. 28391/2024, of December 30: Construction of the Molinological Park of Pias - Municipality of Lousada - €1,238,485.79 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/252/418517462.pdf

Announcement no. 28396/2024, of December 31: Contract for the Urban Regeneration of Rua dos Dragoeiros in Ribeira Brava - Municipality of Ribeira Brava - €1,700,592.14 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/253/418518572.pdf

Announcement no. 28398/2024, of December 31: Construction of Residential Structure for the Elderly of S. Pedro in Escalos de Cima - 2nd Phase - Day Centre of São Pedro de Escalos de Cima - €4,615,285.49 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/253/418520012.pdf

Announcement no. 28402/2024, of December 31: Contract for the Construction and Improvement of Municipal Roads and Paths - Need for Road Works - Municipality of Lagoa - €1,498,407.36 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/253/418519933.pdf

Announcement no. 28403/2024, of December 31: Requalification of Rua Infante de Sagres in Parchal - The need to carry out this contract is related to the objective of improving this street, with the aim of making it more attractive, trying to provide a better quality of life for its users. - Municipality of Lagoa - €1,142,543.92 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2024/12/253/418519455.pdf

Announcement no. 28405/2024, of December 31: Contract for the Runa Health Unit - Municipality of Torres Vedras - €1,794,841.54 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/253/418519099.pdf

Announcement no. 28410/2024, of December 31: Contract for the Sarge Basic School - Municipality of Torres Vedras - €4,808,258.76 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2024/12/253/418519228.pdf

[1] Public Procurement 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 (Fifth Chamber), December 19, Case C-664/23: Reference for a preliminary ruling. Directive 2011/98/EU. Rights of third-country workers who hold a single permit. Article 12. Right to equal treatment. Social Security. National legislation determining entitlements to family benefits. Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully.

Summary:

"Article 12 no. 1 (e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State must be interpreted as meaning that: precludes legislation of a Member State under which, for the purposes of determining the rights to social security benefits of a third-country national holding a single permit, the children born in a third country who are dependent on him or her are taken into account only if they can prove that they have entered the territory of that Member State lawfully."

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0664

Judgment of the Court (Fourth Chamber), December 19, Case C-596/23: Reference for a preliminary ruling. Excise duties. Directive 2008/118/EC. Article 36no. 1. Online purchase of excise goods in another Member State. Transport by a transporter recommended by the vendor. National rules regarding the vendor as liable for the excise duties chargeable in the Member State of destination.

Summary:

Article 36 no. 1 of Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/ must be interpreted as meaning that in the situations referred to in that provision, excise goods are to be regarded as "dispatched or transported to another Member State, directly or indirectly, by or on behalf of the vendor", with the result that the vendor is liable to pay excise duty in that other Member State where he or she acts in such a way as to guide the purchaser’s choice of the company responsible for the dispatch and/or transport of those goods by suggesting and facilitating the use of certain companies that can be responsible for that.

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0596

Judgment of the Court (Sixth Chamber), December 19, Case C-601/23: Reference for a preliminary ruling. Article 63 TFEU. Free movement of capital. Taxation. Taxation of dividends. Withholding tax. Reimbursement of withholding tax, granted to resident dividend recipients that are loss-making at the end of the tax year in which the dividends are received. No reimbursement of the withholding tax to non-resident dividend recipients. Difference in treatment. Restriction. Comparability. Justification.

Summary:

“Article 63 TFEU must be interpreted as precluding rules applicable in a Member State under which dividends distributed by a company established in a fiscally autonomous territory of that Member State are subject to a withholding tax which, where those dividends are received by a resident company, which is subject to corporation tax in that fiscally autonomous territory, counts as a payment on account of that tax and is reimbursed in full if the latter company closes the tax year in question with a loss, whereas no reimbursement is provided for when those dividends are received by a non-resident company in the same situation."

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0601

 

IV.2. Constitutional Court

Judgement of the Constitutional Court no. 895/2024, December, Case no. 1330/2023:

"In the terms and for the reasons set out above, it is decided:

a) To rule that article 56 no. 1 of the Portuguese Nationality Regulation (approved by Decree-Law no. 237-A/2006, of 14 December), as amended by Decree-Law no. 26/2022, of March 18, in the part that concerns the starting point for counting the time limit for bringing legal proceedings for the purpose of opposing the acquisition of nationality by effect of will, on the grounds of illegality due to violation of article 10 of Law no. 37/81, of October 3 (Nationality Law), as amended by Organic Law no. 2/2006, of April 17; and, consequently,

b) Dismiss the appeal."

https://www.tribunalconstitucional.pt/tc/acordaos/20240895.html

IV.3. Judicial Courts

Judgement of the Supreme Court of Justice, December 10, Case no. 3300/15.1T8ENT-A.E2.S1: Enforcement. Plaintiff. Executioner's Objections. Good faith. Abuse of Right. Mortgage. Immovable property. Validity. Principle of Indivisibility of the Mortgage. Balance of instalments. Exchange Contract. Nullity of Judgement. Excessive Judgement. Res Judicata.

Summary:

"I - Good faith, in the context of the abuse of rights (art. 334 of the Civil Code), is also materialised through the principle of precedence of the underlying materiality, which demands the need to evaluate the exercise of the right in material terms, taking into account its effective consequences, with serious and manifest disproportionality of legal positions being of relevance, Good faith therefore prevents manifestly disproportionate exercise, i.e. an imbalance in legal exercise, avoiding disproportionality between the advantages actually gained by the holder of a legal position and the sacrifice imposed on others by the exercise of that same legal position.

II - A foreclosing bank that forecloses on a mortgage in the following situation is acting with an abuse of rights, because it clearly exceeds the limits imposed by the principle of good faith, mediated by the precedence of the underlying materiality: the defendants exchanged with a building company a plot of land for construction by three autonomous fractions, free of liens or encumbrances, and the company having given the mortgage on the plot of land as a guarantee to the foreclosing bank, it was proven that the foreclosing bank at the time of the loan and the risk analysis was aware of the exchange and that the fractions, and that the plots of land, which had been built in the meantime, belonged to the defendants and were exchanged free of any liens or encumbrances, and because the mortgage given to the foreclosure was intended to secure the loan granted to the company that had exchanged, without any consideration or economic benefit for the defendants (third parties to the loan agreement), a solution that formally justified the foreclosure of the three instalments (solely by applying the principle of the indivisibility of the mortgage) without appealing to the underlying materiality, would imply a manifest disproportionality, and the economic imbalance is evident, because the defendants would be left without the plot of land and the exchanged fractions, of which they are the legitimate owners, in other words, they would be left with nothing, while the foreclosing bank has already received payment of part of the debt of the company (borrower), which has since been declared insolvent, in an amount greater than that of the plot of land declared in the deed of exchange."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/bf3078a5ec91946480258bf000432358?OpenDocument

Judgement of the Supreme Court of Justice of December 12, Case no. 319/22.0T8PCV.C1.S1: Accountability. Surprise Decision. Procedural Irregularity. Contradictory Principle. Omission of Formalities. Argument of Nullity. Excessive Arraignment.

Summary:

"I. The obligation to provide accounts is an obligation to provide information (cf. article 573 of the Civil Code) which is incumbent on anyone who manages, in fact or in law, the property or interests of others.

II. Since the plaintiff has failed to prove that there was, beyond reasonable doubt, management of the property or interests of others during a certain period, the defendant is not obliged to provide accounts."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/6e4225ac02f82fce80258bf200475b88?OpenDocument

Judgement of the Lisbon Court of Appeals, of December 5, Case no. 4306/23.2T8VFX.L1-4: Digital Platform. Courier. Presumption of Labour.

Summary:

"I. In qualifying the labour contract, the subjunctive and indicative methods can be used, as well as the presumptions provided for by law.

II. In qualifying the activity that a courier provides to a digital platform, the presumptions contained in article 12-A of the Labour Code must be taken into account.

III. The software used - the App - provided and controlled by the Company - is a fundamental labour tool and is not to be confused with the digital platform itself.

IV. The fact that the activity provider can be replaced by another is irrelevant, as the latter must be registered with the defendant for this purpose.

V. The same applies to circumstances such as the fact that the worker can refuse certain activities, namely because below a certain value they are of no interest to him. In reality, being limited to a remuneration range previously defined by the defendant, it is not the worker who defines the remuneration but the employer.

VI. If two or more indices of the presumption provided for in the aforementioned article 12-A are verified, and the defendant fails to demonstrate that this is a contract of another nature, it must be concluded that there is an employment contract."

https://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/364891df2227319780258bf7003bf2aa?OpenDocument

Judgement of the Lisbon Court of Appeals, of December 5, Case no. 3240/22.8T9BRR-A.L1-5: Breach of Professional Secrecy. Lawyer.

Summary:

"I- The breach of professional secrecy requires, in addition to the indispensability of the testimony, that the weighing of the conflicting interests results in the preponderance of the one on which the request is based.

II- Testimony is indispensable for discovering the truth when there are no alternative means to breaking professional secrecy in order to fully clarify the truth.

III- The need to protect legal assets is linked to a pressing social need to disclose information covered by professional secrecy, in order to protect the legal assets protected by our criminal law."

https://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/5f4d0595a69c9c5280258bf90041a4c0?OpenDocument

Judgement of the Lisbon Court of Appeals, of December 5, Case no. 4741/21.0T8SNT.L1-2: Adjoining buildings. Excavations. Civil liability. Damages. Later Liquidation. Non-material damages.

Summary:

"I - Once several damages have been found to the plaintiff's building as a result of deficient execution of works on the neighbouring building, the failure to determine the amount of compensation necessary to restore the pre-existing situation does not prevent its owner from being held liable.

II - This situation, which does not equate to a failure to ascertain damages, will determine the subsequent deduction of a liquidation incident, under the terms of articles 609 no. 2, 358 and 359 of the Civil Procedure Code.

III - As they correspond to a significant compression of his right to property, the non-pecuniary damage suffered by the owner who, since 2018, has been deprived of using the swimming pool and surrounding area as a result of works carried out on an adjoining building without shoring up the wall that delimits both buildings, deserves the protection of the law."

https://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/06f5cb6290e6ec4f80258bf8003a1764?OpenDocument

Judgement of the Guimarães Court of Appeals, of December 5, Case no. 2732/22.3T8VCT.G1: Construction Contract. Right of cancellation. Loss of Creditor Interest. Changes not authorised by the owner of the work.

Summary:

"I - The loss of the creditor's interest in the agreed service resulting from the default of the other party is legally equivalent to the non-fulfilment of the obligation (article 808, paragraph 1, of the CC) and is objectively assessed (paragraph 2 of the same article), the arbitrary evaluative judgement of the creditor himself being insufficient.

II - The loss of interest may result from the very nature or purpose of the service undertaken, and may also arise from the establishment of an absolute essential term, where the contract stipulates that the term is absolutely fixed.

III - The stipulation that the contract for the reconstruction and extension of the building must be carried out and completed by the contractor, under the agreed terms, within a maximum overall period of 8 (eight) months from the date of commencement of the work (the deadline for which has been set), does not constitute subjection of the obligation to an absolute or fatal essential term.

IV - Once that deadline has passed, it does not immediately lead to the impossibility of the performance, due to the loss of the creditor's interest, nor, consequently, to the conversion of the default into definitive non-fulfilment. It merely creates a situation of default on the part of the debtor/contractor.

V - The mere failure to fulfil an obligation included in a bilateral contract in a timely manner does not, in principle, constitute grounds for the creditor to terminate the underlying contract, but only gives him the right to demand its fulfilment.

VI - If the price of the work has been fixed globally and the owner's authorisation for the changes made on the contractor's initiative has not been given in writing, the contractor is only entitled to the compensation corresponding to the enrichment of the owner (art. 1214, no. 3, of the Civil Code)."

https://www.dgsi.pt/jtrg.nsf/86c25a698e4e7cb7802579ec004d3832/68d8b14d28412bc180258bf70059523d?OpenDocument

 

IV.4. Administrative and Tax Courts

Judgement of the Supreme Administrative Court, of December 4, Case no. 0694/23.9BEPRT: Delay in Justice. Proof. Property Damage. Due Process.

Summary:

"I - The right to a fair trial is a dimension that must be protected and safeguarded by the Member States, according to a broad conception that is susceptible to diversified materialisation, whose basic and essential meaning consists in the conformation of the process in such a way as to ensure the effective judicial protection of the rights and interests asserted in the process, in accordance with the densification that has been emanating from the various jurisprudence, especially of the ECtHR, in relation to Article 6 of the ECHR.

II - According to the jurisprudence of the national courts and also of the ECtHR, the burden of alleging and demonstrating the facts relating to the damage or harm of a pecuniary nature suffered as a result of the violation of the right to a judgement within a reasonable time falls on the parties, since only a presumption of verification can be drawn in relation to non-pecuniary damage.

III - A strong natural presumption exists and operates in favour of the holder of the right to a judicial decision within a reasonable time, that there has been a significant common psychological and moral damage, of a non-pecuniary nature (damage), which is suffered by all people who go to court and do not see their claims resolved by a final act of the process within a reasonable time (causal link), Therefore, in order to benefit from that presumption, the plaintiff need only allege and demonstrate the existence of the excessive delay, which caused the violation of their right to a judicial decision without undue delay, but without any presumption of damage being formulated in relation to pecuniary damage.

IV - The question of the rules on the burden of proof are rules of law, which, as such, can be known by the Court of its own motion, but such rules of law require the allegation of the essential facts, in relation to which the Plaintiffs bear the burden of allegation.

V - Only those damages that have actually been suffered are counted as pecuniary damage, and it is necessary not only to allege and prove them, but also to establish the causal link between the damage and the harmful fact of the violation of the decision within a reasonable time.

VI - It is not possible to make an overall assessment of the damage to property, as none has been specifically alleged, nor can it be said that the Plaintiffs could not already know all the possible damage to property, as they were not awaiting the outcome of any legal proceedings, and the allegation and quantification of damage to property does not depend on any legal proceedings, as the legal proceedings are already over.

VII - Pursuant to Article 267 of the TFEU, the CJEU has jurisdiction to give preliminary rulings on the interpretation of the Treaties and on the validity and interpretation of acts adopted by the institutions, bodies, offices or agencies of the Union, but only where questions relating to the interpretation and application of rules of law and not to questions of fact are involved."

https://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/9ab25cbc269f650c80258be90046dcbf?OpenDocument

Judgement of the Southern Central Administrative Court, December 5, Case no. 758/09.1BELRS: Company Tax Code. Indirect Methods. Amortisation. Indispensability.

Summary:

"I - Discrepancies in stock records, the existence of unjustified accounting records and the entry of product sales prices without justification constitute grounds for resorting to indirect valuation.

II- However, if the taxpayer manages to justify the alleged discrepancies in the legal proceedings, the presumption of veracity of the accounts is maintained, which means that the assumptions of the indirect assessment cannot be proven.

III- The requirement of the indispensability of the cost, applicable to the amortisation of assets, is met as long as the asset in question serves the pursuit of the taxpayer's economic activity, regardless of the income it has generated in the financial year in question.".

https://www.dgsi.pt/jtca.nsf/170589492546a7fb802575c3004c6d7d/b22801231101281480258bea005d58b5?OpenDocument

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

Alexandre de Soveral Martins, Alexandre Libório Dias Pereira, Carolina Cunha, 20 Anos do Código da Insolvência e da Recuperação de Empresas, Almedina, December 2024.

Anabela Miranda Rodrigues, A Inteligência Artificial no Direito Penal Vol. III, Almedina, December 2024.

APDI - Associação Portuguesa de Direito Intelectual, Revista de Direito Intelectual - nº 2 - 2024, Almedina, December 2024.

Artur Flamínio da Silva, Comentário ao Código do Procedimento Administrativo, Almedina, December 2024.

Dário Moura Vicente, Tradição e Globalização, Almedina, December 2024.

Joana Neto Anjos, Regulação Económica e Garantias do Utente nos Setores de Utilities - Contraprestação Devida pelo Serviço de Abastecimento de Água enquanto Caso de Estudo, Almedina, December 2024.

José Gonçalves Machado, Reflexões sobre a Conduta Devida dos Gestores na Pré-Insolvência, Almedina, December 2024.

Manuel da Costa Cabral, Cibersegurança e Quadro Normativo Internacional, Almedina, December 2024.

IV.1.2. Generic Guidelines & Cia

Circular Letter no. 25045/2024, of December 6, by Order of the Deputy Director-General of the VAT Services Directorate

Subject: VAT - Rates applicable to the Autonomous Regions.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_circulado_25045_2024.pdf

Circular No. 25047/2024, of December 10, by Order of the Deputy Director-General of the VAT Services Directorate

Subject: VAT - Taxable value on imports - Updating of the optional table of ancillary expenses.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_circulado_25047_2024.pdf

Circular Letter no. 25049/2024, of December 19, by Order of the Deputy Director-General of the VAT Services Directorate

Subject: VAT - Isolated Act.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_circulado_25049_2024.pdf

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

The Council of Ministers, meeting on December 5, approved a Draft Law for legislative authorisation, to be submitted to Parliament, which adapts Portuguese legislation to the rules laid down in the European Parliament and Council Regulation on combating the dissemination of terrorist content on the Internet.

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=651

The Council of Ministers, meeting on 12 December, approved:

  • A Resolution of the Council of Ministers approving the National Digital Strategy (NDS) and its governance model;
  • A Decree-Law that ensures the implementation of the European regulation on European data governance, designating the competent body to support public sector bodies, the single information point, the competent authorities for data intermediation services and the competent authority for the registration of data altruism organisations;
  • A Council of Ministers Resolution approving the development of a Large-Scale Language Model of the Portuguese language of Portugal (Portuguese LLM), as one of the measures that realises Portugal's vision and ambition for Artificial Intelligence (AI), namely to support research, innovation and entrepreneurship in AI and to stimulate the adoption and use of AI in the public and private sectors;
  • A Decree-Law abolishing, by merger, the General Secretariat for the Economy, the third entity to be abolished in order to merge it into the bodies restructured in the 1st Phase of the Public Administration Reform, partly for the General Secretariat of the Government and other services and entities;
  • A Decree-Law that dissolves, by merger, the General Secretariat for the Environment, the fourth entity to be dissolved in order to merge into the organisations restructured in the 1st Phase of the Public Administration Reform;
  • A Decree-Law creating the Climate Agency, I.P., Portugal's first dedicated climate agency;
  • A Decree-Law that postpones the entry into force of periodic inspections for motorbikes, tricycles, quadricycles and trailers and semi-trailers, which was initially scheduled for January 1st 2025, to January 1st 2026, unless another alternative legal regime is approved, in which case the new deadline does not apply;
  • A Decree-Law that completes the transposition of a European directive, extending the list of biological agents recognised as infectious to humans.

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=652

The Council of Ministers, meeting on 18 December, approved:

  • A Resolution of the Council of Ministers defining the New National Strategy for the Inclusion of People Experiencing Homelessness (ENIPSSA 2025-2030) and the Action Plan for the years 2025-2026;
  • A Decree-Law amending the Legal Framework for Professional Qualification to Teach in Pre-school Education and in Basic and Secondary Education and the Legal Framework for Continuing Teacher Training;
  • A Decree-Law extending until December 31, 2026 the exceptional measures to simplify procedures for producing energy from renewable sources;
  • A Decree-Law abolishing the five-year deadline for adapting the delimitation of the National Ecological Reserve to national and regional strategic guidelines (OENR).

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=653

 

V.2.2. Industrial Property

Provisional statistical data on Industrial Property Rights (IPR) applications and grants, updated to November 2024, was released on 12 December:

i) In the first eleven months of the year, 831 national invention applications were filed, an increase of 5.2 per cent on the 790 applications filed in the same period of the previous year;

ii) As far as grants are concerned, 186 national inventions were granted between January and November 2024, compared to 180 granted between January and November 2023, which represents an increase of 3.3 per cent;

iii) The total number of International (PCT) and European Patent Applications, via the INPI as the Receiving Office, was 63 in the first eleven months of 2024 (lower than the number filed in the first eleven months of 2023);

iv) The total number of International (PCT) and European Patent Applications, via the INPI as the Receiving Office, was 63 in the first eleven months of 2024 (lower than the number filed in the first eleven months of 2023).

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


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