{"id":107938,"date":"2025-07-10T10:33:35","date_gmt":"2025-07-10T10:33:35","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=107938"},"modified":"2025-08-19T10:37:30","modified_gmt":"2025-08-19T10:37:30","slug":"portugal-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/portugal-litigation\/","title":{"rendered":"Portugal: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-107938","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-portugal"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">GFDL Advogados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/06\/GFDL_Logo.V2.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">GFDL Advogados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/06\/GFDL_Logo.V2.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Portugal<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, traditional Courts are the primary method for resolving disputes. However, there is also the option of utilizing &#8220;<em>Julgados de Paz<\/em>,&#8221; which are smaller Courts with the jurisdiction to handle disputes up to EURO 15,000.00 Additionally, alternative dispute resolution methods such as arbitration and mediation have gained traction as individuals and companies seek to resolve their disputes effectively.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The primary procedural rules governing litigation in Portuguese jurisdiction are outlined in the Portuguese Civil Procedure Code and other special provisions.<\/p>\n<p>The Portuguese civil procedure is based on the concept of due process, as stated in the Constitution of the Portuguese Republic. Provisions must be in place to ensure that the legal process is carried out fairly. Several principles must be followed during the process. Firstly, there is the principle of the right of access to justice, which ensures that everyone has the right to take legal action to protect their rights and interests.<\/p>\n<p>The dispositive principle, outlined in the Code of Civil Procedure, stipulates that the parties involved bear the responsibility of alleging and proving the facts. This principle limits the scope of the case, as the facts presented by the parties are binding on the judge. However, the judge is not obligated to follow the legal reasoning presented by the parties and can correct them. This demonstrates the inquisitorial principle (Articles 6 and 411 of the Code of Civil Procedure), which also empowers the court to take any necessary evidentiary measures to establish the truth. This right establishes that the judge is responsible for managing the procedure within the bounds of the facts alleged in the initial petition.<\/p>\n<p>The principle of equality of arms is crucial in civil proceedings, ensuring that both parties have the same procedural responsibilities, obligations, and rights. Lastly, the adversarial principle stipulates that a decision cannot be issued by the competent Court without first allowing an opportunity to the counter party to contest any opinion, request or proof presented by the opposing party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, the judicial system is organized into two jurisdictions: common and administrative jurisdictions. The common jurisdiction will adjudicate most criminal and civil issues that do not involve state prerogatives or public interests. The Administrative and Tax Courts jurisdiction will adjudicate issues between the private parties and the State, ranging from licensing-related issues to taxation and public procurement issues. In terms of hierarchy, the common jurisdiction is in three levels: Courts of First Instance, Courts of Appeal, and the Supreme Court of Justice. The Courts of first instance are divided into judicial districts and can be divided into specialized sections \u2013 civil courts, criminal courts, family and minors\u2019 courts, labour courts, commerce courts, enforcement courts and small claim courts. There are also courts of extended territorial jurisdiction, such as the Maritime Court, the Intellectual Property Court, the Execution of Sentences Court, the Competition, Regulation and Supervision Court and the Central Criminal Investigation Court.<\/p>\n<p>Administrative jurisdiction is divided into Administrative and Tax Courts. In administrative courts, the main issues discussed will range from licensing issues to public career progressions, public procurement, and other issues where State powers and prerogatives have been deployed. The Tax Courts will adjudicate tax-related issues between the Tax and Customs Authority companies and enterprises.<\/p>\n<p>Hierarchically, Public Jurisdiction is divided into first-instance courts, typically Administrative and Tax Courts, and can sometimes be divided into Circle Administrative Courts and Taxation Courts. There are two appeals Courts, the Administrative North-Central Court and the Administrative South-Central Court. Finally, the Supreme Administrative Court is the last instance of appeal.<\/p>\n<p>In some cases, appeals filed in the Supreme Court of Justice and the Supreme Administrative Court will be appealable to the Constitutional Court, which is the court with final jurisdiction to adjudicate issues related to the interpretation of the Portuguese Constitution.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>It entirely depends on the matter&#8217;s urgency and the Court&#8217;s territorial competence in adjudicating the issue. The general average that a proceeding will take is 11 months. However, the time of the proceedings will also increase depending on the jurisdiction. Courts in places with a greater population density will likely conduct slower proceedings. For example, the average time for civil proceedings to end in the Lisbon Judicial Court is 17 months.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, hearings are open to the public, and violating the principle of the publicity of the final hearing may result in a mistrial. There are some exceptions to this principle in place to protect people&#8217;s privacy and dignity, public morals, or to ensure normal Court proceedings functions.<\/p>\n<p>The general public is not able to access Court documents. However, they may be disclosed following a reasoned request where the public interest is deemed justified to release general information to the public.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The standard limitation period is 20 years, starting when the right could be exercised. In addition, Portuguese law establishes other time limitations, such as, for example, three years for non-contractual liability.<\/p>\n<p>Civil liability will have a statute of limitation of three years. The prescriptive period will start running at the time when the Plaintiff becomes aware that his or her right has been infringed.<\/p>\n<p>Rents, interests, dividends, alimonies, and other periodic obligations will have a five-year statute of limitation. Accommodation, debts on commercial goods sold to the public, and debts to liberal professionals have a two-year statute of limitations.<\/p>\n<p>Debts related to what are considered to be universal consumer services, such as electricity, water, internet, telephone and cable services, will have a statute of limitations of six months. There are also limited periods of two years and six months \u2013 e.g., for claims from merchants and establishments providing accommodation services against consumers.<\/p>\n<p>Any judicial claim within the statute of limitation period will reset the elapsed prescriptive period, meaning that deadline. The elapsing of the statute of limitation can be avoided by filing judicial proceedings before the competent judicial Court or by requiring a judicial citation presenting a direct and express intent of demanding compensation for the other party&#8217;s right infringement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no pre-action conduct requirements in the Portuguese jurisdiction. It is customary to send a registered letter to the opposing party before commencing any kind of judicial proceedings to achieve a settlement agreement and bypass litigation proceedings. This is usually achieved by sending a registered letter to the other party requesting their best efforts to achieve an amicable solution.<\/p>\n<p>Absent of a contractual deadline, the claimant must provide a reasonable deadline for the fulfilment of the other party&#8217;s obligations.<\/p>\n<p>The use of registered letters is advisable because the definitive breach of a contract will only occur if the judge adjudicating the cause considers that an objective loss of interest in fulfilling the obligations has occurred. In that respect, registered letters, in terms of burden of proof, are helpful because they provide sufficient evidence to the Court that a defaulting party was given adequate opportunities to comply with his obligations.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To commence a judicial proceeding, the Plaintiff must usually retain an attorney. The Plaintiff will send the initial petition to the competent Court containing all the facts that, if proven, would result in Court ruling. A legal analysis specifying the applicable legal provisions is also usually presented. If all the petition\u2019s formalities are respected, the Court secretary will order the Defendant\u2019s to be served.<\/p>\n<p>The Court usually oversees the service of the initial petition and its enclosed documents, mainly done via registered mail. When the service via registered mail proves ineffective, Plaintiff may request the personal service of Defendant by a court clerk, an enforcement officer, or a solicitor. If the abovementioned fails, the Court may order the citation via public notice.<\/p>\n<p>When serving Defendants abroad, the following service provisions are applicable:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Regulation (EU) 2020\/1784 of the European Parliament and Council, dated 25 November 2020, regarding the service of judicial and extrajudicial documents in civil or commercial matters within Member States;<\/li>\n<li>The Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (HCCH 1965 Service Convention).<\/li>\n<\/ul>\n<p>The necessary documents to prove the claim are also attached. Once the statement of claim is sent to the Court, the court office will give it to the judge and inform the other party involved, namely, the Defendant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>During the initial assessment, the Court must determine if it has jurisdiction over the case regarding subject matter, territory, and its economic value. The Portuguese International Jurisdiction is regulated under Regulation (EU) No. 1215\/2012 of the European Parliament and the Council of 12 December 2012 on jurisdiction and recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation (recast), which is fully applicable in Portugal.<\/p>\n<p>Additionally, the Portuguese Code of Civil Procedures gives international jurisdiction over matters that:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Could be adjudicated under the general rules of internal competence set in the Portuguese Code of Civil Procedures;<\/li>\n<li>Have occurred in the Portuguese territory;<\/li>\n<li>The claimed right will be rendered ineffective if a Portuguese Court does not adjudicate it.<\/li>\n<\/ul>\n<p>In terms of internal jurisdiction, the jurisdiction will depend on the request made on the initial petition by the Plaintiff. If the Plaintiff requests the fulfilment of an obligation, the competent Court would be the Court of the Defendant\u2019s residence. Real estate cases are to be adjudicated by the Court where the properties are located, and succession cases are to be resolved in the deceased&#8217;s last residence.<\/p>\n<p>If the Court finds that it does not have the necessary jurisdiction, the consequence depends on whether the incompetence is relative or absolute. Regarding matter jurisdiction, if the claim is in the wrong Court, there is absolute incompetence, which means the Defendant will be acquitted and file a motion in the competent court. However, if the Court lacks jurisdiction over value and territory, the case must be referred to the competent Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Determining which law applies to the claim is mainly guided by the conflict of laws rules, as outlined in various sources such as the Portuguese Civil Code, European Union regulations, and international conventions to which Portugal is a party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Parties have the freedom to reach an agreement during the proceedings, leading to an early conclusion of the trial. Additionally, if an initial petition goes uncontested by the Defendant, the articulated facts will be deemed confessed, resulting in a default judgment. In some rare instances, when the complexity of the matter and sufficient evidence have been brought into the proceedings, the judge will issue a summary judgment without conducting the trial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, injunctions are the primary form of interim remedies. These urgent measures serve to temporarily address rights violations in a timely manner where the delay of the regular proceedings could render the right claimed by the Defendant completely moot or irreversibly lost. In these cases, the Code of Civil Procedures specifies general and special injunctive relief procedures to safeguard and protect the Plaintiff\u2019s rights. However, injunction relief in Portugal has an ancillary nature, meaning that the Plaintiff must file the regular proceedings within 30 days after being granted injunctive relief, or the Court revoke the temporary granted injunctive relief that were granted.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The required documents vary depending on the type of process. The general rule in the Portuguese jurisdiction is that documents must be produced with the production of the initial petition and the Defendant&#8217;s petition. However, it is not unusual to have documents added to the proceedings in later stages if the judge deems it relevant to the case. If the documents were not produced with the initial petition or the contest, the parties can enclose them 20 days before the beginning of the trial. This will, however, result in a fine if the party does not prove that it didn&#8217;t have the newly enclosed document at the time of the production of the initial petition or contest. If any necessary documents are missing, the judge may allow the parties to submit them during the process, allowing the other party to counter-examine the document&#8217;s content.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, all documents can be disclosed as long as they do not conflict with constitutionally protected rights or values, such as personal dignity, privacy, or public morality, or constitute an abusive intrusion into private or family life. However, disclosing documents that contain private communications between lawyers and their clients or documents related to negotiation agreements can be considered a breach of professional secrecy unless authorized by the Portuguese Bar Association upon request.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, witness evidence is extensively utilized. Parties can summon up to 10 witnesses to provide testimony, either in the Plaintiff&#8217;s petition or the Defendant&#8217;s statement of defense. Witnesses can also be listed at the preliminary hearing or up to 20 days before the trial.<\/p>\n<p>Before testifying, witnesses must take an oath attesting that they shall tell the truth, under the penalty of committing a criminal offence. Each party may question the witnesses presented by either side, and the Court may intervene at any time to ask questions it deems important for uncovering the material truth of the facts.<\/p>\n<p>Witnesses are generally expected to present oral testimony, adhering to the principle of immediacy to ensure the accuracy and truthfulness of their statements. They can only testify about facts that they have first-hand knowledge of. In exceptional cases, written testimony from witnesses may be sought, mainly when appearing in Court is unfeasible or exceptionally challenging.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert testimony is crucial in cases involving technical or specialized knowledge and can be requested by any party or required by the Court.<\/p>\n<p>The Court has the authority to commission an expert examination from reputable institutions, laboratories, or official services. The chosen expert must be highly qualified and competent in the relevant field and is expected to conduct the examination diligently and impartially.<\/p>\n<p>If both parties agree on a specific expert, the Court shall appoint that expert unless there are reasonable grounds to believe the expert is not the most capable for the matter in question.<\/p>\n<p>In complex cases or at the parties&#8217; request, a team of up to three experts can provide expert evidence. In such cases, each party appoints one expert, and the Court appoints the third.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are two levels of appeal: the Appeals Court and the Supreme Court of Justice. The judgment value and the extent of the unfavorable decision determine the right to appeal. If the claim value exceeds EURO 5,000 and the decision is unfavorable to the appealing party by more than EURO 2,500, the party can appeal to the Appeals Court.<\/p>\n<p>Under certain legal conditions, a party can appeal an Appeals Court decision to the Supreme Court of Justice if the claim exceeds EURO 30,000.00 and always if the decision is unfavorable to the appealing party by more than EURO 15,000.00.<\/p>\n<p>Not all interim decisions can be appealed. If an appeal is allowed, the appealing party has a 30-day window from the date of notification to appeal to the Appeals Court. The Appeals Court has the authority to decide on both factual and legal matters. In specific cases, there may be an option to appeal to the Supreme Court of Justice, which exclusively handles legal issues and does not address factual matters.<\/p>\n<p>For urgent proceedings, the parties have a 15-day period to appeal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The legal framework for enforcing foreign judgments in Portugal is based on the Portuguese Code of Civil Procedure and EU Regulations, such as EU Regulation No. 1215\/2012 for judgments from EU member states, as well as the Hague Convention and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.<\/p>\n<p>There is no requirement to declare the enforceability of the judgment, but the interested party must first seek review and confirmation of the non-EU judgment. The Appeals Court in the location where the Defendant has their domicile or registered office has jurisdiction over this process. EU decisions do not require special procedures and are automatically enforceable in Portugal.<\/p>\n<p>Portuguese law governs judgment enforcement, without prejudice to the provisions of international treaties, conventions, or specific legislation. This requires submitting a certified copy of the judgment issued by the foreign Court.<\/p>\n<p>Recognition proceedings are indeed merely formal as the Court does not review the merits of the case; however, recognition may be refused if the judgment&#8217;s content violates Portuguese public order, if the certificate is not authentic, if the judgment is not considered final, or if the foreign Court&#8217;s notification procedures or principles of fair hearing and equality were not followed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, parties involved in litigation must pay Court fees to initiate proceedings. These fees cover the cost of public justice services provided by the Courts unless they qualify for legal aid due to financial distress. Upon the conclusion of the case, the losing party is usually responsible for bearing the costs in proportion to their loss.<\/p>\n<p>The prevailing party has the right to seek reimbursement for their Court fees from the losing party and other expenses incurred during the proceedings. These expenses may include costs related to experts, translators, interpreters, necessary certificates, or other required documents, as well as fees paid to legal counsel (although such fees are typically limited by law to a small amount).<\/p>\n<p>The prevailing party must submit a statement of these costs to both the Court and the losing party within 10 days of the judgment becoming final. If the losing party disputes the statement of costs, they have the option to file a complaint with the Court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No specific forms of collective redress mechanisms have been established in Portugal&#8217;s legal framework. The nearest alternative is the &#8220;<em>A\u00e7\u00e3o Popular<\/em>,&#8221; though it is seldom employed. This legal avenue aims to protect the rights of all members within a defined group, regardless of individual consent, especially concerning assets accessible and usable by all members on a non-exclusive basis.<\/p>\n<p>Class actions, as described above, are infrequent in Portugal, although there appears to be a recent upward trend, particularly in areas such as competition law (private enforcement) and consumer protection.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Legal mechanisms permit third parties to join ongoing legal actions on either the Plaintiff&#8217;s or Defendant&#8217;s side, referred to as &#8220;incidents&#8221;, when specific criteria are met and applicable.<\/p>\n<p>If two or more proceedings are concurrently underway in different Courts but are interrelated, either by the parties involved or the subject matter under scrutiny, any party has the right to request the consolidation of these proceedings into one.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Portugal, there is currently no legal framework for third-party funding in litigation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The COVID-19 pandemic significantly impacted legal proceedings in Portugal, as well as in many other countries. The state of emergency and periods of lockdown interrupted numerous non-urgent judicial activities, leading to additional delays in proceedings. Public health restrictions, such as social distancing and Court capacity limitations, also contributed to delays and case backlogs. Regrettably, these delays affected the efficiency of the judicial system and had severe consequences for the administration of justice itself.<\/p>\n<p>The delays caused by the COVID-19 pandemic continue to manifest themselves today, as many processes that began during that time are still not finished due to the backlog in the Portuguese Court offices.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Commercial disputes can be resolved in Portugal through the Judicial Court or Arbitration Courts, each operating under distinct procedural regulations.<\/p>\n<p>Arbitration Courts generally provide a quicker resolution compared to judicial Courts. However, this expedited process entails higher costs, as parties are required to cover not only court fees but also arbitrator fees and legal representation expenses.<\/p>\n<p>In Judicial Courts, assuming no delays or exceptional circumstances, a verdict in straightforward cases may be reached within an average timeframe of 17 months. Commercial dispute trials typically span from 1 to 3 days, with intervals of several days, weeks, or even months between sessions.<\/p>\n<p>All involved parties can access case files anytime at CITIUS, enabling them to stay informed and submit documents electronically without physical Court visits.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Similarly, as observed in other regions of the world, we have noticed an increase in cyber fraud, resulting in significant losses for the affected businesses and a corresponding rise in dual-front litigation in both civil and criminal jurisdictions. Clients often attempt to recover their funds by filing civil liability lawsuits against financial institutions for violations of KYC and AML regulations or under the newly approved Digital Operational Resilience Act (DORA). At the same time, clients may initiate criminal proceedings against identifiable agents to increase pressure on asset recovery efforts.<\/p>\n<p>Cross-border debt recovery is also on the rise, following a 29% increase in bankruptcy filings. This trend is often linked to economic uncertainty stemming from the war in Ukraine and fluctuations in oil production, as well as the transatlantic trade conflict initiated by the current U.S. administration, which has primarily affected the agriculture, transportation, and retail sectors.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The rise of artificial intelligence may prove valuable in automating certain debt and asset recovery operations. The IT market is rapidly developing new solutions that streamline debt collection processes, benefiting both attorneys and their clients.<\/p>\n<p>Additionally, we anticipate that new tools based on artificial intelligence will enhance the search for patents and intellectual property rights infringements, significantly reducing the workload for legal teams in these areas.<\/p>\n<p>Competition law is another legal field where technology is expected to have a significant impact. Artificial intelligence will undoubtedly enhance the ability to analyze large datasets, recognize patterns more efficiently, and identify potential anti-competitive behaviors in the market.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">4191<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/107938","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=107938"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}