{"id":4122,"date":"2017-07-04T14:58:01","date_gmt":"2017-07-04T14:58:01","guid":{"rendered":"https:\/\/mgra.pt\/editorial_06_2017-2\/"},"modified":"2020-10-06T10:44:59","modified_gmt":"2020-10-06T10:44:59","slug":"editorial_06_2017","status":"publish","type":"post","link":"https:\/\/e-legal-blawg.com\/en\/2017\/07\/04\/editorial_06_2017\/","title":{"rendered":"EDITORIAL – JUNE 2017 –"},"content":{"rendered":"

 <\/p>\n

I. EDITORIAL \u2013 NEW REGULATIONS IN THE INSOLVENCY CODE<\/strong><\/p>\n

The month of June oversaw a major modification in the Insolvency Code, which also promoted some changed in the Companies Code, through the Decree-Law n.\u00ba 79\/2017, of June 30th<\/sup>.<\/p>\n

One of the most significant new rules imposes the obligation of a Chartered Accountant to certify that a Company which is interested in starting a recovery procedure (\u201cProcesso Especial de Revitaliza\u00e7\u00e3o\u201d) is not in a bankruptcy situation.<\/p>\n

It were also worth mentioning the amendments of the Civil Code, approved by the Law no. 43\/2017 of June 14, <\/strong>as well as the establishment of \u00abcooperativa na hora\u00bb, approved by the Decree-<\/strong>Law<\/strong> no. 54\/2017 of June 2<\/strong>. The approval of the mentioned Decree-Law allows the immediate establishment of cooperatives, contributing for the implementation of the SIMPLEX+ Program.<\/p>\n

Concerning case law, one must emphasize the importance of the Judgement of the Court of 8 June, Case n\u00ba C<\/strong>\u2011<\/strong>580\/15<\/strong>, given that the Court considered that Article 56.\u00ba TFEU and Article 36.\u00ba of the Agreement on the European Economic Area of 2 May 1992 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which provides for a national tax exemption system, to the extent that that system, although applicable without distinction to income from savings deposits held with banking service providers established in a Member State of the European Economic Area, imposes conditions for access to the banking market on service providers established in other Member States, this being a matter for the referring court to verify.<\/p>\n

It should also be pointed out that the Judgment of the Constitutional Court no. 292\/2017 of June 8, Case 893\/2016<\/strong> establishes that the provision in article 7.\u00ba, no. 5 of the Law no. 15\/2001, of June 5 is unconstitutional, as well as the Judgment of the Constitutional Court no. 293\/2017 of June 8, Case 908\/2016<\/strong>, which declares that the provision in article 26.\u00ba, no. 4, paragraph a) of the Law no. 6\/2006, of February 27, amended by the Law no. 31\/2012, of August 14 is unconstitutional.<\/p>\n

Finally, we highlight the approval of a decree-law which ensures the articulation between the law that bans the issuance of bearer securities and the specific legislation applicable to the public debt.<\/strong><\/p>\n

 <\/p>\n

<\/p>\n<\/div><\/div><\/div>

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