Legal updates in Portugal – January 2024

case-legal19, Uncategorized

I. EDITORIAL – IMPLEMENTATION OF A SET OF EUROPEAN REGULATIONS ON FINANCIAL SERVICES AND INFRASTRUCTURES; ANNUAL UPDATE OF LABOUR ACCIDENT PENSIONS FOR THE YEAR 2025

The month of January was marked, in legislative terms, by the publication of  Law no. 1/2025, of January 6, which implements a set of European regulations on financial services and infrastructures, promoting their full application in Portugal, and amends Decree-Law no. 80-A/2022, of November 25, which establishes measures to mitigate the effects of the increase in the reference indexes of credit contracts for the purchase or construction of permanent housing, as well as the publication of Ordinance no. 6-A/2025/1, of January 6, which updates occupational accident pensions for 2025.

Also noteworthy, at a legislative level, are:

Whitin the scope of case law, we highlight the  Judgement of the Constitutional Court no. 18/2025, of 21 January, Case no. 1306/2023, in which it was decided: "a) Not to rule unconstitutional the rule in Article 330 no. 1 of the CPP, under which the court, in the event of the absence of the authorised representative at the beginning of the trial hearing, replaces him/her with a lawyer of its own motion, even if there was justification for the absence and the replacement occurred without the defendant's consent; (...)".

Finally, in Miscellaneous, we highlight the approval by the Council of Ministers of a Decree-Law establishing the budget execution rules for the 2025 State Budget.

II. LEGISLATION

Ordinance no. 1/2025/1, of January 2: First amendment to Ordinance no. 123/2014, of June 19, which sets out the minimum conditions personal accident insurance for professional and volunteer firefighters, including the limits of insured capital and risks covered.

https://files.diariodarepublica.pt/1s/2025/01/00100/0000200006.pdf

Ordinance no. 5/2025/1, of January 3: Amendment to Ordinance no. 220-A/2010, of April 16.

https://files.diariodarepublica.pt/1s/2025/01/00200/0001500016.pdf

Law no. 1/2025, of January 6: Implements a set of European regulations on financial services and infrastructures, promoting their full application in Portugal, and amends Decree-Law no. 80-A/2022, of November 25, which establishes measures to mitigate the effects of the increase in the reference indexes of credit contracts for the purchase or construction of permanent housing.

https://files.diariodarepublica.pt/1s/2025/01/00300/0000200031.pdf

Ordinance no. 6-A/2025/1, of January 6: Proceeds with the annual update of work accident pensions for the year 2025.

https://files.diariodarepublica.pt/1s/2025/01/00301/0000200003.pdf

Ordinance no. 6-B/2025/1, of January 6: Updates the value of the social support index (IAS) every year.

https://files.diariodarepublica.pt/1s/2025/01/00301/0000400005.pdf

Ordinance no. 6-C/2025/1, of January 6: Second amendment to Ordinance no. 73/2018, of March 12, which defines the terms and conditions of use of the Professional Attribute Certification System (SCAP) for the certification of professional, business and public attributes through the Citizen Card and Digital Mobile Key.

https://files.diariodarepublica.pt/1s/2025/01/00301/0000600010.pdf

Declaration of Rectification no. 1-A/2025/1, of January 6: Rectifies Decree-Law no. 87/2024, of November 7, which regulates the service by electronic means of natural and legal persons, determining that the service of legal persons is, as a rule, made by electronic means.

https://files.diariodarepublica.pt/1s/2025/01/00302/0000200003.pdf

Declaration of Rectification no. 1/2025/1, of January 9: Declares null and void the publication of Ordinance no. 1/2025/1, of January 2, published in Diário da República, 1st series, no. 1, of January 2 2025.

https://files.diariodarepublica.pt/1s/2025/01/00600/0000300003.pdf

Declaration of Rectification no. 2/2025/1, of January 10: Rectifies Ordinance no. 322-B/2024/1, of December 10, which establishes the SNS Partner Point Regime (PP-SNS) for Residential Structures for the Elderly (ERPI) and Residential Homes (LR).

https://files.diariodarepublica.pt/1s/2025/01/00700/0001300013.pdf

Ordinance no. 9/2025/1, of January 10: Approves the Regulation on Financial Support for the Implementation of Community Mental Health Teams.

https://files.diariodarepublica.pt/1s/2025/01/00700/0001400019.pdf

Ordinance no. 10/2025/1, of January 14: Defines the rules for authentication, security, control, use and operation of the Courts' Digital Service Area.

https://files.diariodarepublica.pt/1s/2025/01/00900/0001700019.pdf

Decree-Law no. 1/2025 of January 16: Amends the remuneration base and updates the remuneration and allowances in the Civil Service.

https://files.diariodarepublica.pt/1s/2025/01/01100/0000500011.pdf

Ordinance no. 19/2025/1, of January 22: Establishes the average construction value for 2025.

https://files.diariodarepublica.pt/1s/2025/01/01500/0000300003.pdf

Decree-Law no. 2/2025 of January 23: Implements Regulation (EU) 2022/868 on European data governance.

https://files.diariodarepublica.pt/1s/2025/01/01600/0000200010.pdf

Declaration of Rectification no. 6/2025/1, January 24: Rectifies Decree-Law no. 99/2024, of December 3, which amends the regulatory framework applicable to renewable energies.

https://files.diariodarepublica.pt/1s/2025/01/01700/0001100011.pdf

Law no. 7-A/2025, of January 30: Proceeds with the fifth amendment to Law no. 2/2008, of January 14, which regulates admission to the judiciary, the training of magistrates and the nature, structure and functioning of the Centre for Judicial Studies.

https://files.diariodarepublica.pt/1s/2025/01/02101/0000200059.pdf

III. Public Procurement1

Announcement no. 8/2025, of January 2: Acquisition of services for the development, maintenance and evolution of MAI information systems - 2025 to 2027 - General Secretariat of the Ministry of Internal Affairs - €2,102,160.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/001/418516985.pdf

Announcement no. 18/2025, of January 2: (DAG) Acquisition of a Technological Solution Providing User Clinical Data for Intelligent Analytics (PRR) (20240400) - SPMS -Shared Services of the Ministry Of Health, E. P. E. E. - €1,428,282.24 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/001/418517324.pdf

Announcement no. 20/2025, of January 2: Housing at controlled costs - Youth Housing, 150 Units - Street Dr. Belarmino Pereira: Building A (72 Units) - PRR - Notice 01/C02-i05/2022 / Public Park Housing at controlled costs - Póvoa de Varzim Municipality - €10,603,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/001/418515891.pdf

Announcement no. 39/2025, of January 2: Construction of the new Paços de Ferreira health centre - Municipality of Paços de Ferreira - €12,440,808.65 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/001/418520264.pdf

Announcement no. 86/2025, of January 3: Public works contract for the construction of a Residential Unit and a Continued Care Unit under the 1st Right Programme - Programme to Support Access to Housing, defined in accordance with Vila do Conde's Local Housing Strategy and under the Recovery and Resilience Plan - National Health Service. – Vila do Conde’s Holy House of Mercy - €8,500,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/002/418521188.pdf

Announcement no. 110/2025, of January 3: Contract for the Conservation of Buildings belonging to the Lisbon’s Holy House of Mercy – Lisbon’s Holy House of Mercy - €3,450,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/002/418525821.pdf

Announcement no. 128/2025, of January 6: Refurbishment of 24 Apartments, located at Street Domingos Reis Quita, Lots 1,2,3 and 4, Alto Pina, Lisbon - GNR Social Services - €1,400,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/003/418528657.pdf

Announcement no. 142/2025, of January 6: Contract to complete the construction of the ULisboa Student Residence located at Av. das Forças Armadas - University of Lisbon - €6,995,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/003/418517876.pdf

Announcement no. 146/2025, of January 6: 2013.054.03.C1 - SFP Coimbra - Refurbishment of Pavilion 1 - PRR - Instituto do Emprego e Formação Profissional, IP - €9,600,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/003/418526186.pdf

Announcement no. 158/2025, of January 6: Public Works Contract for the Expansion and Refurbishment of the Residential Structure for the Elderly - Pereira de Sousa Home - and Refurbishment of the Home Support Service (2nd phase) – Holy House of Mercy of Melgaço - €2,215,270.77 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/003/418527069.pdf

Announcement no. 159/2025, of January 6: Requalification and modernisation of Moimenta da Beira Primary and Secondary School - Municipality of Moimenta da Beira - €5,611,484.63 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/003/418527174.pdf

Announcement no. 194/2025, of January 6: Urban and Environmental Requalification of Avenida do Brasil - Municipality of São João da Madeira - € 3,337,312.47 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/003/418531912.pdf 

Announcement no. 256/2025, of January 7: Contract for the construction of Collaborative Housing - CERCITOP - Entrepreneurship Cooperative for the Economic and Social Development of the Country, Crl - €2,739,672.69 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/004/418536392.pdf 

Announcement no. 306/2025, of January 8: Acquisition of legal advice and legal representation services for the collection of invoices and other disputes arising from the provision of services to the end user - Águas do Alto Minho, S. A. (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/005/418539843.pdf

Announcement no. 307/2025, of January 8: The contract relates to the extension and refurbishment of the Day Centre, the Home Support Service and the creation of a new ERPI - Boa Vista de Leiria Social and Cultural Solidarity Association - €2,280,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/005/418535047.pdf

Announcement no. 308/2025, of January 8: Requalification of Public Space in the Area Surrounding Silves Railway Station - Municipality of Silves - €1,726,700.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/005/418531289.pdf

Announcement no. 331/2025, of January 8: Construction of an official collection centre for companion animals (kennel/gattery) - Municipality of Vila Nova de Foz Côa - €1,338,740.23 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/005/418531426.pdf

Announcement no. 353/2025, of January 8: Contract for the Construction of the Primary Infrastructures of the AH do Alvor-1 Phase - Directorate-General for Agriculture and Rural Development - € 11,200,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/005/418543009.pdf

Announcement no. 354/2025, of January 8: Design-build of Sá Municipal Nurseries (Arcozelo); Santo António Municipal Nursery (Grijó) and Seara Municipal Nursery (Oliveira do Douro) - Municipality of Vila Nova de Gaia - €4,975,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/005/418524266.pdf

Announcement no. 479/2025, of January 9: Acquisition of group health insurance - Portuguese Securities Market Commission - €1,430,730.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/006/418537153.pdf

Announcement no. 515/2025, of January 10: Contract for the Requalification of the Porto Pipas Passenger Terminal - Porto dos Açores, S.A. - €2,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418546371.pdf

Announcement no. 519/2025, of January 10: Construction Contract for the Residential Structure for the Elderly (ERPI) - PRR Project – Association 2000 for the Support of Development - A2000 - €2,466,000.00 (ComprasPT)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418550023.pdf

Announcement no. 532/2025, of January 10: Contract 70/GEBALIS/2024 - Neighbourhood Marquês de Abrantes - Rehabilitation and conservation works on plots E, F1 to F5, G1 to G14, H1 to H7 and I - GEBALIS - Lisbon Municipal Housing Lease Management, E.M., S.A. - €3,364,072.26 (GovYear)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418549888.pdf

Announcement no. 535/2025, of January 10: PRC_0371/2024_GAE-EB1167 - Contract to supply water to Caçarilhe and Nespereira (Celorico de Basto) - Águas do Norte, S.A. - €1,250,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418537615.pdf

Announcement no. 553/2025, of January 10: Construction of 38 homes - ELH Póvoa de Lanhoso - Bobeiro - Fontarcada - Municipality of Póvoa de Lanhoso - €5,101,097.25 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418552413.pdf

Announcement no. 567/2025, of January 10: Rehabilitation of the João da Madeira PSP Police Station Building - Municipality of São João da Madeira - €2,061,675.83 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418550542.pdf

Announcement no. 590/2025, of January 10: Construction of twelve social housing units in Bairro da Formiga, in Moimenta da Beira - Municipality of Moimenta da Beira - €1,408,015.39 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/007/418553994.pdf

Announcement no. 623/2025, of January 13: Works for the construction of an affordable housing block to integrate the Municipality's Public Park, making it possible to house different types of families and ways of living. - Municipality of Penacova - €2,191,173.30 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418555743.pdf

Announcement no. 632/2025, of January 13: Construction of 22 dwellings - Rua de Alvura, Milheirós - Operation 1st Right SIGA no. 62561 – Municipal Space - Urban Renewal and Heritage Management, E. M., S. A. - €3,163,950.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418555979.pdf

Announcement no. 639/2025, of January 13: Acquisition of IT, Hotel and Catering, Electronics and Automation and Software equipment within the scope of the Specialised Technological Centres (CTE) for IT and Industry – Sorraia’s Institute of Education and Formation, Lda. - €2,168,457.30 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418545083.pdf

Announcement no. 651/2025, of January 13: Contract for the Refurbishment of the Ponte de Moreira Wastewater Treatment Plant - Municipalised Electricity, Water and Sanitation Services of Municipality of Maia - €8,115,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418548607.pdf

Announcement no. 668/2025, of January 13: Acquisition of Professional Liability Insurance for Certified Accountants – Certified Accountants Bar - €2,550,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418551814.pdf

Announcement no. 723/2025, of January 13: Requalification of the Dálias Social Housing District - 64 dwellings - Vila do Conde Municipality - €1,850,600.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418559778.pdf

Announcement no. 731/2025, of January 13: Requalification of the Miranda do Corvo Health Centre - Municipality of Miranda do Corvo - €4,867,628.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/008/418559048.pdf

Announcement no. 790/2025, of January 14: Requalification of the Mangualde Health Centre - Municipality of Mangualde - Municipality of Mangualde - €1,017,860.06 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/009/418554471.pdf

Announcement no. 796/2025, of January 14: Construction-design contract for Lagoas Primary School and Kindergarten - Fernão Ferro - Seixal Municipality - €4,415,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/009/418563187.pdf

Announcement no. 837/2025, of January 14: Contract for environmental qualification and management of natural resources at Ponta de São Lourenço as a differentiating tourist asset - Municipality of Calheta São Jorge - €2,598,811.35 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/009/418564312.pdf

Announcement no. 844/2025, of January 15: Crasto Area Heat Network Installation Contract - UA - University of Aveiro - €2,400,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/010/418566298.pdf

Announcement no. 897/2025, of January 15: Purchase of computer equipment - A-Mover Project - University of Trás-os-Montes and Alto Douro - €1,052,448.26 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/010/418557622.pdf

Announcement no. 936/2025, of January 15: Contract for the construction of the controlled-cost housing complex LOT - C4 - Bela Vista, in Setúbal - €13,080,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/010/418559194.pdf

Announcement no. 941/2025, of January 15: Construction contract for Vale de Milhaços Primary School and Kindergarten (Pinhal Vidal) - Seixal Municipality - €4,998,780.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/010/418571327.pdf

Announcement no. 977/2025, of January 16: Public Procurement with advertising in the Official Journal of the European Union (OJEU) for the acquisition of Software Licensing for National Health Service Entities and the Ministry of Health (Aggregation 2025) - SPMS- Shared Services of the Ministry of Health, E.P.E. - €2,196,369.26 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418561753.pdf

Announcement no. 996/2025, of January 16: Requalification of the Bairro do Outeiro- Freamunde Housing Complex - Municipality of Paços de Ferreira - €2,402,342.70 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418557355.pdf

Announcement no. 997/2025, of January 16: Requalification of the Housing Complex of Bairro do Outeiro de Paços de Ferreira – Block 7 and 8 - Municipality of Paços de Ferreira - €1,185,551.58 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418558449.pdf

Announcement no. 1003/2025, of January 16: General Contract for the Maintenance of EPAL Network Infrastructures - EGM2025-2026 - EPAL - Empresa Portuguesa das Águas Livres, S. A. - €4,900,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418557736.pdf

Announcement no. 1013/2025, of January 16: Contract for Bridge over Ribeira do Alcôrrego and Accesses - Sousel/Avis - Municipality of Sousel - €1,498,811.04 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418573733.pdf

Announcement no. 1031/2025, of January 16: Construction of infrastructures to support urban transport - Municipality of Viana do Castelo - €1,293,716.34 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418573296.pdf

Announcement no. 1037/2025, of January 16: This is the construction of a university residence in Ordinance to respond to the shortage of accommodation units in the municipality since, strategically, it should, in the present and in the future, respond to the need for greater capacity due to expansion - Municipality of Esposende - €3,680,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418575459.pdf

Announcement no. 1050/2025, of January 16: Contract for the Construction of a Sports Pavilion to Support the School Centre of Foros de Salvaterra and Várzea Fresca - Municipality of Salvaterra de Magos - €2,918,424.80 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/011/418576163.pdf

Announcement no. 1073/2025, of January 17: Design-Construction of a Building for an Integrated Continued Care Unit with 330 new beds, corresponding to three different typologies; Convalescence Unit Typology (UC): 33 beds; Medium Duration and Rehabilitation Unit Typology (UMDR): 33 beds; Long Duration and Maintenance Unit Typology (ULDM): 264 beds - STGT Projects, S. A. - €15,400,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/012/418567748.pdf

Announcement no. 1105/2025, of January 17: 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/2025/01/012/418579396.pdf

Announcement no. 1107/2025, of January 17: Construction of Student Residence in Talgueira - Polytechnic Institute of Castelo Branco - €3,266,480.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/012/418579347.pdf

Announcement no. 1140/2025, of January 17: EM-24/00109 - Construction contract at controlled costs for the rehabilitation of the Moinho building and extension of ELHS PRJ02 CAES Família I (BNAUT) located at Rua do Miradouro 21 in Cacém - Municipality of Sintra - €1,480,500.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/012/418565844.pdf

Announcement no. 1158/2025, of January 17: Process no. 45/2024.DCP.E0233A - Rehabilitation of Barcelinhos Secondary School - Municipality of Barcelos - €10,800,962.65 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/012/418570574.pdf

Announcement no. 1162/2025, of January 17: PA.150.2024.0000702 - PRR_i05 - Construction contracts for the PIS.A5 Varandas do Sado housing complex, in Setúbal - IHRU Instituto da Habitação e da Reabilitação Urbana - €30,827,900.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/012/418571068.pdf

Announcement no. 1187/2025, of January 20: Design-Construction of a Building for an Integrated Continued Care Unit with 153 new beds, corresponding to two different typologies; Convalescence Unit Typology (UC): 33 beds and Long Duration and Maintenance Unit Typology (ULDM): 120 beds.  - STGT Projects - Gaia, L.da - €8,800,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418571595.pdf

Announcement no. 1189/2025, of January 20: Design-Build for Urban Requalification in the Municipality of Paços de Ferreira, by Lots - Municipality of Paços de Ferreira - €2,725,500.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418583575.pdf

Announcement no. 1191/2025, of January 20: Contract for the Requalification/Remodelling of the On-Crato Building - Crato Municipality - €1,324,725.20 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418576155.pdf

Announcement no. 1211/2025, of January 20: Acquisition of Travel Agency Services and Similar Services - INESC TEC - Institute for Systems and Computer Engineering, Technology and Science - €1,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418572801.pdf

Announcement no. 1283/2025, of January 20: Contract 2024_17_DIT(DOM)  Santa Maria School Centre - Remodelling and Expansion of the EB1 Phase 2 Basic School - Municipality of Torres Novas - €3,758,755.15 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418575929.pdf

Announcement no. 1315/2025, of January 20: Urban Rehabilitation - Creation of an accessible pedestrian route and integration of a cycle route on the diagonal road - Municipality of Maia - €2,418,408.40 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418586734.pdf

Announcement no. 1323/2025, of January 20: Requalification of the EB 2,3/S Eng.º Dionisio Augusto School, in Canas de Senhorim - Municipality of Nelas - €2,860,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418587552.pdf

Announcement no. 1324/2025, of January 20: Requalification of Nelas Secondary School - Municipality of Nelas - €3,900,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/013/418587317.pdf

Announcement no. 1383/2025, of January 21: Rehabilitation of Municipal Social Housing - Nortecoop - Felgueiras City Council - €1,604,511.19 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418587447.pdf

Announcement no. 1386/2025, of January 21: Rehabilitation of Municipal Social Housing - S. Vicente Sousa - Felgueiras City Council - €1,402,827.18 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418591448.pdf

Announcement no. 1387/2025, of January 21: Rehabilitation of the Municipality's Social Housing - Várzea - Felgueiras City Council (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418588249.pdf

Announcement no. 1399/2025, of January 21: Design-Build of 3 Housing Blocks in Fonte dos Mouros - Municipality of Lousã - €4,623,200.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418592266.pdf

Announcement no. 1413/2025, of January 21: Construction of housing units in Salir - Fonte da Rata allotment, in Salir, Loulé - Lot 2 - 2nd phase - Municipality of Loulé - €1,017,100.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418583048.pdf

Announcement no. 1416/2025, of January 21: Requalification of Monção Secondary School - Municipality of Monção - €4,658,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418593821.pdf

Announcement no. 1417/2025, of January 21: Requalification of the 1st CEB School of Modivas - Municipality of Vila do Conde - €1,639,650.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418594397.pdf

Announcement no. 1420/2025, of January 21: Contract for the Interior Refurbishment and Implementation of Energy and Water Efficiency Measures at the Alberto Amaral University Residence - University of Porto - Rectory - €2,400,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/014/418591723.pdf

Announcement no. 1436/2025, of January 22: Public Procurement no. 2/2025 - Contract for the design-build 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/2025/01/015/418593019.pdf

Announcement no. 1465/2025, of January 21: Rehabilitation works on the CRPG buildings - CRPG – Professional Rehabilitation Center - € 2,293,500.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/015/418593984.pdf

Announcement no. 1504/2025, of January 22: Expansion of the Sá Car Park, as part of the Requalification of Praça da Feira Velha - Complementary Equipment - Municipality of Fafe - € 2,977,528.25 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/015/418596819.pdf

Announcement no. 1510/2025, of January 22: Rehabilitation of EM 554 between EN 18-8 and Monforte da Beira - Municipality of Castelo Branco - € 1,151,562.13 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/015/418598382.pdf

Announcement no. 1546/2025, of January 23: Construction Contract - Maior OPorto Hotel, L.da - € 13,733,250.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/016/418590419.pdf

Announcement no. 1572/2025, of January 23: Construction of a Building for Collaborative Housing - Rebordosa Development Association - € 1,545,978.63 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/016/418600024.pdf

Announcement no. 1595/2025, of January 23: Public Works Contract for the Innovation and Digital Skills Centre - Regional Secretariat for Finance - € 2,000,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/016/418602114.pdf

Announcement no. 1668/2025, of January 24: Construction of collective equipment "National Emergency and Temporary Accommodation Exchange" - BNAUT - PRR - Housing - Municipality of Montijo - € 2,442,413.90 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418600276.pdf

Announcement no. 1679/2025, of January 24: Construction of bridge over Ribeira do Arade on EM 510 - Municipality of Silves - €1,400,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418593854.pdf

Announcement no. 1685/2025, of January 24: Rehabilitation of Health Centres - Municipality of Caminha - €1,973,193.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418603508.pdf

Announcement no. 1696/2025, of January 24: Requalification of the São Jacinto Campsite - Municipality of Aveiro - €1,567,433.11 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418601045.pdf

Announcement no. 1706/2025, of January 24: Contract for the construction of 22 single-family houses in the subdivision of Santa Clara, Municipality of Ponta Delgada, São Miguel Island - Regional Secretariat for Youth, Housing and Employment - €3,800,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418594575.pdf

Announcement no. 1707/2025, of January 24: Contract for Reinforcement of Fenders and Mooring Bollards at the Port of Aveiro - Port of Aveiro - €4,000,000.00 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418596802.pdf

Announcement no. 1724/2025, of January 24: Construction of the EPC University Residence in Santarém - Polytechnic Institute of Santarém - Central Services - €3,500,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418601848.pdf

Announcement no. 1746/2025, of January 24: Dr. Alfredo Nóbrega Júnior Basic School with Pre-School and Nursery - Camacha - Implementation of energy improvement and rehabilitation measures - Regional Secretariat for Equipment and Infrastructure - €2,100,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/017/418596965.pdf

Announcement no. 1800/2025, of January 27: Contract for the Construction of 17 Single Family Houses on Lots 6 to 22 of the São Vicente Ferreira Allotment, Municipality of Ponta Delgada, São Miguel Island - Regional Secretariat for Youth, Housing and Employment - €3,150,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418599298.pdf

Announcement no. 1822/2025, of January 27: Acquisition of Workers' Compensation Insurance for the Municipality of Odivelas - Municipality of Odivelas - €1,490,050.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418597256.pdf

Announcement no. 1839/2025, of January 27: Insurance services - Municipality of Porto - €1,937,907.51 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418605874.pdf

Announcement no. 1868/2025, of January 27: Contract for the Construction of 16 Houses on Lots 12 to 27 of the Sete Cidades Allotment, Parish of Sete Cidades, Municipality of Ponta Delgada, São Miguel Island - Regional Secretariat for Youth, Housing and Employment - €2,900,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418611802.pdf

Announcement no. 1906/2025, of January 27: Execution of the contract for the Rehabilitation and extension of an existing building intended for the social responses of the community of insertion with accommodation in autonomous functional units and collaborative and community housing. - Pardilhó Parish Care Centre - €1,200,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418613552.pdf

Announcement no. 1943/2025, of January 27: Construction of Brufe Primary School / Kindergarten - V. N. de Famalicão - Municipality of Vila Nova de Famalicão - €2,974,309.08 (AnoGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418615772.pdf

Announcement no. 1957/2025, of January 27: Requalification of the Porto de Mós Health Centre - Municipality of Porto de Mós - €1,200,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418609916.pdf

Announcement no. 1961/2025, of January 27: Contract for Alterations and Upgrading of the Day Centre and Headquarters Building of the Tires Community Centre - Tires Community Centre - €1,243,000.00 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/018/418619044.pdf

Announcement no. 1986/2025, of January 28: Improvement of the Public Space of the Ringe Housing Complex - Vila das Aves - Municipality of Santo Tirso - €1,868,872.99 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418615423.pdf

Announcement no. 2003/2025, of January 28: Refurbishment of the educational blocks of EB2,3+ S Penacova and the entrance / Gatehouse; Rehabilitation, alteration and extension of the School Sports Pavilion, and creation of the Homero Pimentel School Forest - Municipality of Penacova - €6,517,531.76 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418608871.pdf

Announcement no. 2004/2025, of January 28: Contract for the construction of a building intended for day care - AIPAR - Association for the Protection of Girls and Families - €1,890,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418620923.pdf

Announcement no. 2005/2025, of January 28: Contract for the alteration and extension of the old Baltar school building - ERPI de Baltar, located at Avenue dos Bombeiros Voluntários 876, 4585-015 Baltar, Paredes, more specifically the upgrading and extension of the social facilities network with the creation of a Residential Structure for the Elderly, with capacity for 40 (forty) users - Santa Casa da Misericórdia de Paredes - €2,747,269.55 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418613074.pdf

Announcement no. 2023/2025, of January 28: Public Works Contract for "1st Phase of the Requalification of the Passil 11-a-side Football Field - Alcochete City Council - €1,449,659.93 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418621336.pdf

Announcement no. 2026/2025, of January 28: Refurbishment of the surroundings of the washhouse in Bunheiro - Municipality of Murtosa - €1,077,524.07 (AcinGov)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418621174.pdf

Announcement no. 2030/2025, of January 28: Requalification of the Algarvesol Urbanisation - Phase II - The need to carry out this contract is related to the need to requalify the Algarvesol Urbanisation, providing a better quality of life for its residents - Municipality of Lagoa - €1,429,681.82 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418613577.pdf

Announcement no. 2035/2025, of January 28: Contract to Refurbish the Hotel Unit of the INATEL Foundation in Entre-os-Rios - INATEL Foundation - €1,500,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418620672.pdf

Announcement no. 2062/2025, of January 28: Requalification of the São Francisco Sports Centre - Alcochete City Council - €1,634,513.93 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/019/418623531.pdf

Announcement no. 2073/2025, of January 29: L. Beira Baixa - Pk 147.050 - Replacement of Hydraulic Crossing - Infraestruturas De Portugal - € 1,300,000.00 (Anogov)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/418622876.pdf

Announcement no. 2077/2025, of January 29: Contract for the Refurbishment of a Building and Adaptation to an Emergency, Temporary and Transitional Reception Centre (Cautt) - Municipality of Évora - € 1,782,209.01 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/418613325.pdf

Announcement no. 2084/2025, of January 29: Contract for Bottom Maintenance Dredging in the Ports of Leixões and Viana do Castelo - APDL – Ports Administration of Douro, Leixões e Viana do Castelo, S.A. - 4,950,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/418626561.pdf

Announcement no. 2094/2025, of January 29: Contract for conservation and improvement works on the municipality's road network - Municipal roads and paths in the parishes of Luz de Tavira and Santo Estêvão and in the parish of Tavira - Municipality of Tavira - €1,289,145.06 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/418608182.pdf

Announcement no. 2097/2025, of January 29: CP Procurement no. 818630 - Contract for the construction of the WWTP, effluent drainage systems and pumping stations at the Contumil material and workshop park (PMO) - CP - Comboios de Portugal, E. P. E. E. - € 2,200,000.00 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/318626018.pdf

Announcement no. 2111/2025, of January 29: Contract for the Alentejo Line Modernisation and Duplication of the Poceirão-Bombel Section - Infraestruturas de Portugal - €170,000,000.00 (Anogov)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/418615164.pdf

Announcement no. 2178/2025, of January 29: Refurbishment of a residential building in Street Miguel Bombarda - Loulé - €1,408,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/020/418619052.pdf

Announcement no. 2225/2025, of January 30: Contract for the Renovation and Implementation of Measures to Improve the Energy Efficiency of the Novais Barbosa University Residence - University of Porto - Rectory - € 2,950,000.00 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418628076.pdf

Announcement no. 2235/2025, of January 30: Contract for the construction of the controlled-cost housing complex Lot C4 - Bela Vista, in Setúbal – Setúbal Christian Youth Association - € 13,080,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418617765.pdf

Announcement no. 2244/2025, of January 30: Rehabilitation of the building at Street Ary dos Santos no. 11 – Municipal Urbanisation Quinta da Fonte, Apelação - Loures City Council - € 2,291,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418616509.pdf

Announcement no. 2251/2025, of January 30: Requalification of the Ducal Palace - City Museum - Trancoso Municipality - € 3,429,402.32 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418627858.pdf

Announcement no. 2276/2025, of January 30: Construction of single-family houses in Azinheira dos Barros (Ferragial das Almas and Senhora da Azinheira), under BNAUT (PRR) - Padre Américo Foundation - € 4,800,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418633851.pdf

Announcement no. 2280/2025, of January 30: Public Procurement With Publication In The Joue For The Supply Of Three Electric Buses Equipped For The Collective Transport Of Children - €1,290,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418621458.pdf

Announcement no. 2282/2025, of January 30: Urban Requalification of Neighbourhood Ribeirinho in Faro - Faro Municipality - € 2,771,541.63 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418632011.pdf

Announcement no. 2328/2025, of January 30: Public works contract for the construction of a Residential Unit and Daycare - Guilhabreu under the 1st Right Programme - Programme to Support Access to Housing, defined in accordance with the Vila do Conde Local Housing Strategy and under the Recovery and Resilience Plan - Social Equipment - Vila do Conde’s Holy House of Marcy - € 3,500,000.00 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418635325.pdf

Announcement no. 2330/2025, of January 30: Design and Construction for the conversion of the former Penedos Basic School in Arcozelo and the Macieira de Rates Kindergarten into Day Care Centres, through the preparation of the execution project and subsequent execution of the contract - Municipality of Barcelos - € 1,430,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418633998.pdf

Announcement no. 2331/2025, of January 30: Contract for bridge over the Ribeira do Alcôrrego and accesses - Sousel/Avis - € 1,498,811.04 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/021/418635511.pdf

Announcement no. 2470/2025, of January 31: Contract for the Rehabilitation of 36 Social Houses, located in Neighbourhood do Lameirinho - Lot E - Angra do Heroísmo City Council - € 4,375,000.00 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/022/418635836.pdf

Announcement no. 2462/2025, of January 31: Repaving of Municipal Roads - Municipality of Portalegre - €1,183,998.61 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/022/418638777.pdf

Announcement no. 2436/2025, of 31 January: Upgrading of Infrastructures and Streets in the Village of Castro Marim - 1st Phase (East Sector) - Execution of water supply, wastewater and rainwater drainage, electricity and telecommunications infrastructures and upgrading of pavements in a set of streets located in the village of Castro Marim - Municipality of Castro Marim - € 1,600,000.00 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/022/418638096.pdf

Announcement no. 2409/2025, of 31 January: Construction Of 38 Houses - Elh Póvoa De Lanhoso - Bobeiro - Fontarcada - Municipality of Póvoa de Lanhoso - € 5,101,097.25 (Vortal)

https://files.diariodarepublica.pt/cp_hora/2025/01/022/418637561.pdf

Announcement no. 2395/2025, of January 31: Contracting Procedure for the Contract for the Rehabilitation of Municipal Paths and Roads in Various Localities in the Municipality of Cuba - €1,650,940.00 (Acingov)

https://files.diariodarepublica.pt/cp_hora/2025/01/022/418636216.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 (Third Chamber), January 9, Case C-578/23: Reference for a preliminary ruling. Public contracts. Directive 2004/18/EC. Article 31 no. 1 (b). Negotiated procedure without prior publication of a contract notice. Conditions. Technical reasons. Reasons connected with the protection of exclusive rights. Attributable to the contracting authority. Factual and legal circumstances to be taken into consideration

Summary:

“Article 31 no. 1 (b) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as meaning that in order to justify the use of the negotiated procedure without prior publication of a contract notice, within the meaning of that provision, the contracting authority may not invoke the protection of exclusive rights where the reason for such protection is attributable to it. The attributing of such a reason is to be assessed on the basis not only of the factual and legal circumstances surrounding the conclusion of a contract for an initial service, but also of all those which characterise the period between the date of concluding that contract and the date on which the contracting authority chooses the procedure to be followed for the award of a subsequent public contract.”

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0578

Judgment of the Court (Seventh Chamber), January 23, Case C-421/23: Reference for a preliminary ruling. Migrant workers. Social security. Applicable legislation. Posted workers. Documents in the form of A1 certificates allegedly issued by the institution competent to issue those certificates. Regulation (EC) No 883/2004 – Article 76 no. 6. Obligation of the authorities of the host Member State to initiate a dialogue and conciliation procedure for the purpose of determining whether fraud has occurred.

Summary:

“1. Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended by Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012,must be interpreted as meaning that in a situation in which nationals of a Member State employed by a contractor established in that Member State carry out, by means of documents in the form of A1 certificates purportedly issued by the institution of that Member State competent to issue that type of certificate, work on behalf of that contractor in another Member State, in respect of which that institution collects social security contributions, that regulation is to apply even where, in the course of criminal proceedings brought against that contractor before the courts of the latter Member State for the commission of social security fraud, those courts find, without being contradicted by the same contractor, that those documents are false documents.

2. Article 76 no. 6 of Regulation No 883/2004, as amended by Regulation No 465/2012, must be interpreted as meaning that in a situation in which nationals of a Member State employed by a contractor established in that Member State carry out, by means of documents in the form of A1 certificates purportedly issued by the institution of that Member State competent to issue that type of certificate, work on behalf of that contractor in another Member State, in respect of which that institution collects social security contributions, the dialogue and conciliation procedure referred to in that provision constitutes a compulsory precondition for a finding, by a court of the latter Member State, seised in the context of criminal proceedings brought against that contractor for having fraudulently made use of the posting of those workers, under cover of false A1 certificates, of such fraud.”

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0421

Judgment of the Court (Grand Chamber), January 28, Case C-253/23: Reference for a preliminary ruling. Competition. Article 101 TFEU. Directive 2014/104/EU. Actions for damages for infringements of competition law. Point 4 of Article 2. Concept of ‘action for damages’. Article 3 no. 1. Right to full compensation for harm suffered. Assignment of compensation claims to a provider of legal services. National law precluding recognition of the standing of such a provider with a view to group collection of those claims. Article 4. Principle of effectiveness. First paragraph of Article 47 of the Charter of Fundamental Rights of the European Union. Right to effective judicial protection.

Summary:

“Article 101 TFEU, read in conjunction with point 4 of Article 2, Article 3 no. 1 and Article 4 of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, and the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union,  must be interpreted as precluding an interpretation of national legislation which has the effect of preventing persons allegedly harmed by an infringement of competition law from assigning their rights to compensation to a provider of legal services so that it may assert them, collectively, in an action for damages that does not follow the decision of a competition authority finding such an infringement that is final and binding, in particular with regard to the establishment of the facts, provided that

– national law does not provide for any other possibility of grouping together the individual claims of those injured persons that would ensure the effectiveness of the exercise of those rights to compensation, and

– the bringing of an individual action for damages is, having regard to all the circumstances of the case, impossible or excessively difficult for those persons, with the result that they are deprived of their right to effective judicial protection.

Should it not be possible to interpret that national legislation in a way that complies with the requirements of EU law, those provisions of EU law require the national court to disapply that national legislation.”

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0253

IV.2. Constitutional Court

Judgement of the Constitutional Court no. 18/2025, of January 21, Case no. 1306/2023:

"Accordingly, it is decided:

a) Declare unconstitutional the rule in Article 330 no. 1 of the Code of Criminal Procedure, under which the court, in the event of the absence of the attorney appointed at the beginning of the trial, replaces him/her with a defence attorney of its own motion, even if there was justification for the absence and the replacement occurred without the defendant's consent; and, consequently,

b) Dismiss the appeal."

https://www.tribunalconstitucional.pt/tc/acordaos/20250018.html

Judgement of the Constitutional Court no. 31/2025, of January 21, Case no. 869/2024:

"In view of the above, it is decided, in the absence of the complaint, not to declare unconstitutional the rule contained in article 2(d) and (e) of the EESC legal regime (approved by article 228 of Law no. 83-C/2013, of Decembe 31r), the validity of which was extended to 2018 by article 280 of Law no. 114/2017, of 29 December, insofar as it determines that the tax is levied on the value of the assets referred to in Article 3 no. 1, owned by legal persons in the national energy sector, with tax domicile or registered office, effective management or permanent establishment in Portuguese territory, who, on 1 January 2018, are concessionaires for natural gas transmission, distribution or underground storage activities, as well as those who hold local natural gas distribution licences (under the terms defined in Decree-Law 140/2006 of 26 July)."

https://www.tribunalconstitucional.pt/tc/acordaos/20250031.html

IV.3. Judicial Courts

Judgement of the Supreme Court of Justice, January 14, Case no. 17851/20.2T8LSB.L1.S1: Private limited companies. Transfer of shares. Donation. Right of preference. Preference agreement. Applicable regime. Effect in rem. Third party purchaser. Preference action. Referral of the case to the court under appeal. Extension of the facts.

Summary:

"I. Bylaws clauses, serving to fulfil a specifically social function, are not regulated solely by the principles of contract law, but rather fall within the more specific orbit of corporate legislation.

II. From this perspective, these clauses have real effectiveness and their effects are also enforceable against third party purchasers."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/4339e1277517995b80258c13004176f9?OpenDocument

Judgement of the Supreme Court of Justice, January 15, Case no. 1066/20.2T8AVR.P1.S1: Moral Harassment.

Summary:

"I. For moral harassment to exist, it is not necessary to demonstrate an intention to create an intimidating, hostile, degrading, humiliating or destabilising environment;

  1. Violation of the right to effective occupation, loss of functions, non-participation in work meetings, failure to provide relevant information and violation of the principle of equality constitute moral harassment."

https://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/78483ef35a877ce680258c1400607b4b?OpenDocument

Judgement of the Lisbon Court of Appeal, of January 7, Case no. 517/24.1T8CSC.L1-7: Purchase and Sale. Payment of the Price. Refusal. Exception of Non-Compliance. Presuppositions.

Summary:

"I - The non-fulfilment exception, as a means of creditor self-defence, can only be invoked if there is some reciprocity or correspondence between the defaulted performance and the performance whose fulfilment is refused.

II - If the bilateral contract in question is a sale and purchase contract, the signalling link essentially occurs between the main obligations of transferring ownership and delivering the goods sold, on the one hand, and paying the price, on the other.

III - Even if it is accepted that the breach of contract exception can be invoked in the event of non-compliance with secondary duties, it is necessary to detect some interdependence or correspondence between the obligation whose fulfilment was refused by the appellant and the (secondary) obligation to deliver the transport documents, or, at the very least, that this ancillary duty was functionally preordained to obtaining the main benefits resulting from the contract (i.e. that the breach of this secondary duty prevented, or at least seriously jeopardised, the enjoyment of the benefits intended by the conclusion of the contract).

IV - In this case, not only is there no signalling link between the two obligations (the delivery of the transport documents and the payment of the price), but the failure to comply with that accessory duty did not even minimally jeopardise the fulfilment of the main obligations, since the seller fully complied with the duties to deliver the goods and transfer ownership of them."

https://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/229677dabfd8a0d280258c18004ded53?OpenDocument

Judgement of the Lisbon Court of Appeals, of January 16, Case no. 378/14.9TCFUN-A.L1-8: Guarantee. Instalments. Limitation period. Early maturity.

Summary:

"I - There is no justification for altering the facts of the contested decision when it is established that the addition sought by the Appellant is innocuous and has no impact on the decision to be handed down, constituting the practice of a useless act and therefore prohibited by law, under the terms of article 130 of the CPC.

II - It is only possible to declare that the instalments of a contract are due once, and subsequent declarations of maturity are legally irrelevant, otherwise the creditor would be given the power to obstruct the running of the limitation period with successive declarations of maturity of the debt."

https://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/0ac4a4cdd225d3da80258c200044f226?OpenDocument

Judgement of the Porto Court of Appeals, of January 9, Case no. 3633/23.3T8AVR.P1: Right to Property. Presumption of Ownership. Registral presumption. Confrontations. Area.

Summary:

"I - The registration presumption contained in Article 7 of the Land Registry Code does not cover descriptive factors such as areas, boundaries or confrontations, but is limited solely to the existence of the right and its belonging to the persons in whose name it is registered.

II - Land registry entries do not provide full proof of the location, area, composition, boundaries and confrontations of the buildings to which they refer, since none of these elements concerning their physical identification are attested to by the competent authority or officials on the basis of their perceptions.

III - Topographical surveys, declarations by municipalities and cadastral maps and plans only prove that the declarations documented therein were made or that the maps show what is indicated on them, but no longer that their content corresponds to the truth, constituting documents subject, in this part, to the free judgement of the judge."

https://www.dgsi.pt/jtrp.nsf/56a6e7121657f91e80257cda00381fdf/15bdfd494a8ce9fe80258c1f003aad68?OpenDocument

Judgement of the Guimarães Court of Appeals, of January 9, Case no. 444/20.1T8VLN.G1: Right of Preference. Adjoining Buildings. Exceptions. Registration of the judgement.

Summary:

"I - The requirements of the legal right of pre-emption established in article 1380, no. 1 of the Civil Code are that: a) A rustic building has been sold or given in fulfilment; b) The preferent is the owner of a rustic building adjoining the building being sold; c) At least one of those buildings has an area smaller than the cultivation unit; d) The purchaser of the building is not an adjoining (rustic) owner;

II - In order to set aside the pre-emption right of the owner of adjoining land, the purchaser must prove, under the terms of the final part of Article 1381 (a) of the Civil Code: a) The intention to use the land for some purpose other than cultivation; b) The physical and legal possibility (legal or regulatory) of the use corresponding to the purchaser's intention.

III - the burden of proving the facts preventing the right of pre-emption provided for in Article 1381 of the Civil Code falls on the Defendants, as is clear from Article 342 no. 2 of the Civil Code.

IV - The recognition of the preference does not imply the extinction of the right of the purchaser-preferred, but only its substitution by that of the preferent, the registration made in favour of the Defendant is neither null nor non-existent, and therefore, in the light of articles 10 et seq. of the Land Registry Code, there are no grounds for its cancellation."

https://www.dgsi.pt/jtrg.nsf/86c25a698e4e7cb7802579ec004d3832/e85b53eb49e50dba80258c150057300a?OpenDocument

 

IV.4. Administrative and Tax Courts

Judgement of the Supreme Administrative Court, January 9, Case no. 0407/22.2BEAVR: Mass Proceedings. Nullity. Public Prosecutor's Office. Time limit for challenging. Access. Written Evidence. Criminal offence.

Summary:

"I - Article 99 of the CPTA established in administrative litigation a new type of declaratory procedure, of an urgent nature [see Article 36 no. 1 (b) of the CPTA], aimed at challenging administrative acts practised in the context of ("mass") procedures relating to staff competitions, procedures for taking tests and recruitment procedures (see Article 99 no. 1 (a), (b) and (c) of the CPTA), which concern more than 50 participants. In the event of a challenge under the terms of Article 99 no. 2 of the CPTA, whether the acts in question are vitiated by defects that lead to their mere annulment or suffer from more radical non-conformities that the legal system renders null and void, even if the action is brought by the Public Prosecutor's Office.

II - Paragraph 2 of article 99 of the CPTA is one of the cases in which the legislator established the preclusion of the right to challenge an administrative act, whether annullable or null, when more than 30 days have elapsed between the act being performed and the time the action is brought, giving precedence to the values of legal certainty, the protection of good faith and the trust of those involved in these procedures, to the detriment of the values of legality.

III - According to the case law of the SAC, the act of homologation of the final ranking list issued in the context of a recruitment and selection process for the exercise of functions in the Public Administration, constitutes a "plural act", divisible into as many acts as there are classified candidates, containing as many decisions as there are candidates on that list.

IV - In the face of acts that are null and void as a result of an act that could constitute the commission of a criminal offence by a candidate who has been graded and occupies a job as a result of a recruitment procedure for the Public Administration, whose criminal proceedings are not yet statute-barred, taking into account that the cause of nullity relates to fraudulent access to a knowledge test, the subjective position of the candidate, the only one affected by the declaration of nullity that may be decided, cannot benefit from the application of the mechanism of article 99 of the CPTA. This is because her position does not merit any protection in terms of good faith or the protection of trust."

https://www.dgsi.pt/jsta.nsf/35fbbbf22e1bb1e680256f8e003ea931/674e323ad2a1389f80258c1500596eb6?OpenDocument

Judgement of the Southern Central Administrative Court, January 9, Case no. 501/12.8BELLE: Income Tax. Capital gains. Reinvestment. Own permanent home.

Summary:

“I - O art. 10.º, n.º 5, al. a) e n.I - Article 10 no. 5 (a) and  no. 6 (a) of the Income Tax Code excludes from capital gains taxation gains resulting from the transfer for consideration of real estate intended for the taxpayer's own permanent residence or that of his family, provided that, within 36 months of the date of realisation, the proceeds of the sale are reinvested, and to the extent that they are reinvested, in the acquisition of another property, exclusively for the same purpose, and provided that the acquirer allocates it to his own residence or that of his family, up to six months after the end of the period in which the reinvestment must be made;

II - The fact that the building acquired is made up of rooms that can be used independently, only one of which is intended for residential use, is not in itself a reason for excluding it from taxation, since it is a property that can be used exclusively for the same purpose - permanent residence - as the property sold;
III - The Taxable Person must allocate the property to their own permanent home within 6 months "from the end of the period in which the reinvestment must be made", and not from the period in which the reinvestment was made - Article 5(6)(a) of the CIRS."

https://www.dgsi.pt/jtca.nsf/170589492546a7fb802575c3004c6d7d/f31967164823805180258c18004e0c83?OpenDocument

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

Diogo Leite de Campos, Ives Gandra da Silva Martins and João Rolim, A Dignidade da Pessoa e o Direito Fiscal, Almedina, January 2025.

Vanessa de Sousa Mendes, Implicações do Conceito de Atividade Económica em IVA – Uma Análise Crítica, Almedina, January 2025.

Sofia Canova, A Figura da Parte Acessória no Processo Civil Português, Almedina, January 2025.

Glória Teixeira, Manual de Direito Fiscal - Da Teoria à Prática, Almedina, January 2025.

David Falcão and Sérgio Tenreiro Tomás, Lições de Direito do Trabalho - A Relação Individual de Trabalho, Almedina, January 2025.

Paulo de Tarso Domingues, A Vinculação Societária, Almedina, January 2025.

Luís Manuel Pica, As Garantias dos Contribuintes no Tratamento dos Dados Pessoais pela Administração Tributária, Almedina, January 2025.

Carlos Filipe Fernandes de Andrade Costa, Competência Judiciária e Tutela Coletiva dos Consumidores na União Europeia, Almedina, January 2025.

Marta Falcão and Miguel Dinis Pestana Serra, Direito das Sucessões – Da Teoria À Prática, Almedina, January 2025.

António Menezes Cordeiro, Direito Social - Internacional, Europeu e Português, Almedina, January 2025.

Gonçalo Oliveira Sá, O Ónus da Prova e os Métodos Indiretos - Uma Perspetiva Processual, Almedina, January 2025.

IV.1.2. Generic Guidelines & Cia

Circular No. 25056/2025, of January 2, by Order of the Deputy Director-General of the VAT Services Directorate

Subject: VAT - State Budget for 2025. Amendments to the VAT Code and Complementary Legislation

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_circulado_25056_2025.pdf

Circular no. 2/2025, of 0January 2, by Order of the Director-General of the Directorate of Personal Income Tax Services

Subject: Withholding tax on employment income and pensions - Withholding tables - Mainland

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Circular_2_2025.pdf

Circular Letter no. 40128/2025, of January 10, by Order of the Deputy Director-General of the Property Tax Area

Subject: IMT - Practical scales in force from 1 January 2025

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_circulado_40128_2025.pdf

Circular 20272/2025, of January 14, by Order of the Deputy Director-General of the Income Tax Area

Subject: Changes to model 37 and model 39 declarations.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_Circulado_20272_2025.pdf

Circular no. 3/2025, of January 16, by Order of the Director-General of the Directorate of Personal Income Tax Services

Subject: Withholding Tax on Income from Employment and Pensions - Withholding Tables - Autonomous Region of Madeira - 2025.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Circular_3_2025.pdf

Circular Letter no. 20273/2025, of January 22, by Order of the Deputy Director-General of the Income Tax Area

Subject:​​ Corporate Income Tax Code - Municipal Surcharge Rates Incurred on the Taxable Profit of the CITC for the 2024 Tax Period.

https://info.portaldasfinancas.gov.pt/pt/informacao_fiscal/legislacao/instrucoes_administrativas/Documents/Oficio_circulado_20273_2025.pdf

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

The Council of Ministers, meeting on 16 January, considered and approved the Tax Simplification Agenda, a set of 30 measures, including the simplification of procedures for granting VAT refunds, the simplification of invoicing rules, simplification of the settlement and collection of the Single Road Tax (IUC), automatic submission of the Periodic VAT Return for Category B in the absence of taxable transactions, simplification of customs procedures and simplification of the submission of the Multipurpose Disability Medical Certificate (AMIM).

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=656

The Council of Ministers, meeting on 30 January, approved a Decree-Law establishing the budget execution rules for the 2025 State Budget.

https://www.portugal.gov.pt/pt/gc24/governo/comunicado-do-conselho-de-ministros?i=658

V.2.2. Industrial Property

On 14 January, provisional statistics on Industrial Property Rights (IPR) applications and grants were released, updated to December 2024:

i) In 2024, 951 national invention applications were filed, an increase of 5.2 per cent on the 904 applications filed in the same period of the previous year;

ii) In terms of concessions, 207 national inventions were granted in 2024, compared to 193 in 2023, which represents an increase of 7.3 per cent;

iii) The total number of International (PCT) and European Patent applications was 77 in 2024 (higher than the number filed in 2023);

iv) The number of objects included in National Design applications rose from 808 in 2023 to 610 in 2024.

https://inpi.justica.gov.pt/en-gb/INPI-News/Industrial-Property-Rights-January-to-December-2024


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