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CMS

RUA SOUSA MARTINS, 10, 1050-218 LISBON, PORTUGAL
Tel:
Work +351 21 095 81 00
Fax:
Fax +351 210 958 155
Email:
Web:
www.cms.law
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Portugal

Banking and finance
Banking and finance - ranked: tier 3

CMS

The ‘knowledgeable’ team at CMS is increasingly active in real estate finance. Another area of growth is advising funds on the acquisition of distressed asset and non-performing loan portfolios: practice head António Payan Martins assisted Balbec Asset Management with its acquisition of a non-performing loan portfolio originated by Oitante. Francisco Xavier de Almeida is another name to note.

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Capital markets
Capital markets - ranked: tier 2

CMS

Well known for its bonds expertise, CMS advised Portuguese fund Revitalizar Norte on convertible bond issuances. In other work, it acted for Barclays Capital and CaixaBI as arrangers on the update of an EMTN programme for REN and REN Finance. Francisco Xavier de Almeida and managing associate Margarida Vila Franca are the names to note.

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Commercial, corporate and M&A
Commercial, corporate and M&A - ranked: tier 2

CMS

CMS’ team is ‘able to handle complex transactions in a limited time frame and under hostile circumstances’. Francisco Xavier de Almeida is ‘deeply involved, very supportive and cost-conscious’, and recently advised Voltalia on the €9m acquisition of Martifer Solar. Explorer Investments is one of João Caldeira’s long-term private equity clients.

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Dispute resolution
Dispute resolution - ranked: tier 2

CMS

The team at CMS stands out for its ‘technical competence and availability’ for handling cross-border disputes. Nuno Pena represented Goldman Sachs in administrative proceedings brought against the Bank of Portugal claiming the nullity and voidance of the transfer to the latter of a loan to Oak Finance. Pena heads the practice jointly with the ‘dedicated’ Joaquim Shearman de Macedo.

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EU and competition
EU and competition - ranked: tier 3

CMS

CMS caters for consumer goods sector clients, frequently handling distribution agreements. Associate Luís Miguel Romão provides ‘high-quality advice while staying cost-conscious’, and recently represented Goldman Sachs in a state aid case concerning a $835m loan granted to BES.

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Employment
Employment - ranked: tier 2

CMS

CMS handles restructurings, union negotiations and transactional support as well as litigation. In one example, it represented Portway in employee claims for professional requalification, and negotiated a collective bargaining agreement with bank unions, on behalf of Caixa Económica Montepio Geral. Susana Afonso and Sofia Mateus jointly head the group, in which Funchal-based senior associate João Paulo Gomes offers ‘prompt and effective advice’.

Leading individuals
Next generation lawyers

João Paulo Gomes - CMS

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Energy and natural resources
Energy and natural resources - ranked: tier 1

CMS

CMS’ impressive client portfolio includes Acciona Energia, EDP, REN and Galp Energia. The team represented several natural gas distributors, including Beiragás and Portgás, in litigation against the national energy regulatory authority regarding the establishment of tariffs for usage of the distribution grid. Mónica Carneiro Pacheco is the name to note.

Leading lawyers

Mónica Carneiro Pacheco - CMS

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Insolvency and restructuring
Insolvency and restructuring - ranked: tier 3

CMS

At CMS, Joaquim Shearman de Macedo is ‘ruthless in defending a client’s position and is totally immune to outside pressures’. Nuno Pena led representation of Caixa Económica Montepio Geral as creditor during the recovery proceedings of Vintém & Martins.

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Intellectual property
Intellectual property - ranked: tier 2

CMS

The ‘responsive, very knowledgeable’ team at CMS is ‘able to provide prompt replies to complex requests’. It recently acted for Energias de Portugal and Galp Energia on brand protection as well as copyright matters. Stand-out practitioners are José Luís Arnaut and managing associate João Paulo Mioludo.

Leading individuals

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Public law
Public law - ranked: tier 2

CMS

CMS’ ‘fast and accurate’ team regularly advises REN Serviços on works, supply and service contracts. Other clients include Energias de Portugal, Goldman Sachs and Parque Escolar. The ‘excellentGonçalo Guerra Tavares and Mónica Carneiro Pacheco are the key contacts.

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Real estate and construction
Real estate and construction - ranked: tier 4

CMS

Luís Abreu Coutinho’s real estate group at CMS advised Domino’s Pizza master franchisee Daufood on leasing agreements. Other clients include Chamartín Inmobiliaria and Explorer Investments.

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Tax
Tax - ranked: tier 3

CMS

Highly rated for tax litigation, CMS represents clients such as Explorer Investments. Patrick Dewerbe provides ‘swift replies’; he leads a five-strong team that includes associate Tiago Machado Graça, who ‘really listens to a client’s needs’.

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Further information on CMS

Please choose from this list to view details of what we say about CMS in other jurisdictions.

United Arab Emirates

Offices in Dubai and Dubai

Albania

Offices in Tirana

Angola

Austria

Offices in Vienna

Belgium

Offices in Brussels, Antwerp, Brussels, Brussels, and Brussels

Bosnia and Herzegovina

Offices in Sarajevo

Bulgaria

Offices in Sofia and Sofia

China

Offices in Beijing, Beijing, and Shanghai

Croatia

Offices in Zagreb

Czech Republic

Offices in Prague

Germany

Offices in Hamburg, Frankfurt, Stuttgart, Berlin, Leipzig, Dusseldorf, Cologne, Munich, and Munich

Algeria

Offices in Algiers

Spain

Offices in Madrid, Malaga, Seville, Madrid, and Barcelona

France

Offices in Paris, Strasbourg, and Lyon

Hong Kong

Offices in Hong Kong and Hong Kong

Hungary

Offices in Budapest

Latin America: International firms

Italy

Offices in Rome and Milan

Lebanon

Offices in Beirut

London

Offices in London EC4N and London EC3A

Luxembourg

Offices in Luxembourg

Morocco

Offices in Casablanca

Montenegro

Offices in Podgorica

Netherlands

Offices in Utrecht and Amsterdam

North West

Offices in Manchester

Oman

Offices in Muscat

Poland

Offices in Warsaw and Poznan

Portugal

Offices in Lisbon

Romania

Offices in Bucharest

Russia

Offices in Moscow

Scotland

Offices in Edinburgh, Glasgow, and Aberdeen

South East

Offices in Reading

Singapore

Offices in Singapore, Singapore, and Singapore

Slovenia

Offices in Ljubljana

South West

Offices in Bristol

Switzerland

Offices in Zurich and Geneva

Ukraine

Offices in Kiev and Kiev

Yorkshire and the Humber

Offices in Sheffield S2 and Sheffield S2

Serbia

Offices in Belgrade

Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Portugal

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • MOZAMBIQUE | VAT CODE AMENDED

    Law no. 13/2016, of 30 December 2016, which amended and republished the Mozambican VAT Code, was recently rectified by a Notice, dated June 8th.
  • ARTICLE 29 WORKING PARTY GUIDELINES ON THE EU GENERAL DATA PROTECTION REGULATION

    In order to clarify some of the new obligations stemming from the EU General Data Protection Regulation (“GDPR”), which will apply as of 25th May 2018, the Article 29 Working Party (“WP29”) – the independent European consulting body for data protection issues – recently issued its “Guidance on Data Protection Impact Assessment (“DPIA”)”. This document will be available for public consultation until 23rd May, 2017.
  • CNPD APPROVES 10 MEASURES TO PREPARE FOR THE GENERAL DATA PROTECTION REGULATION

    On 28th January, 2017, the Portuguese Data Protection Authority (Comissão Nacional de Proteção de Dados/CNPD) published a document establishing 10 measures for entities to prepare for the application of the General Data Protection Regulation (“GDPR”).
  • ANGOLA | NEW REGULATION ON THE LICENSING OF ESTABLISHMENTS AND OF COMMERCIAL ACTIVITY

    Presidential Decree no. 193/17, which approves the Regulation on the Licensing of Establishments and of Commercial Activity and Market Services (“Regulation”), was published on 22 August. The Regulation, which will enter into force on 21 October (60 days after its publication), establishes the conditions and procedures governing the licensing of commercial activities and market services, as well as the licensing of the respective establishments, revoking Presidential Decree no. 288/10, of 30 November (Regulation on the Licensing of Commercial Activity and the Provision of Market Services), as well as all prior regulations on the matter contrary to the provisions of the new Regulation.
  • MOZAMBIQUE | PETROLEUM PRODUCTS SUPPLY

    Ministerial Statute 50/2017, of 11 July 2017, sets forth the measures approved by the Ministry of Mineral Resources and Energy to streamline petroleum products’ import into and supply to the country and ensure fuel supply safety, regularity and quality. The newly approved measures obviously have a direct impact on distributors, but also affect suppliers, IMOPETRO, commercial banks operating in-country and the Banco de Moçambique (“BdM”).
  • Mozambique VAT Code Amended

    Law no. 13/2016, of 30 December 2016, which amended and republished the Mozambican VAT Code, was recently rectified by a Notice, dated June 8th.
  • COMPANIES CODE AMENDED

    Decree-Law 79/2017, of 30 June 2017, was published last Friday and amends both the Insolvency and Corporate Recovery Code and the Companies Code, in order to implement the goals of the “Programa Capitalizar” approved by Council of Ministers Resolution 42/2016, of 18 August 2016
  • ANGOLA | SIGNIFICANT AMENDMENTS TO REGULATIONS ON THE PERFORMANCE OF A PROFESSIONAL

    Please be aware that a new Presidential Decree has been published on 24th of April (Presidential Decree 79/17 of 24 April) which, among others, introduces the following significant amendments to former Presidential decree 43/17 of 6 March (regulations on the performance of a professional activity by nonresident foreign employees ):
  • PROHIBITION ON ISSUE OF BEARER SHARES

    Bearer securities have been prohibited under Law 15/2017, of May 3, 2017, published today. The Companies Code and the Securities Code have been amended in order to implement this measure.
  • ANGOLA | NEW REGULATIONS ON THE PERFORMANCE OF A PROFESSIONAL ACTIVITY BY NON-RESIDENT

    Presidential Decree 43/17, of 6 March 2017 (“DP 43/17”) just enacted new regulations on the performance of a professional activity by non-resident foreign workers, repealing former Decrees 5/95, of 7 April 1995 and 6/01, of 19 January 2001.