Legal updates July 2024
I. EDITORIAL – CONDITIONS FOR THE PROVISION OF A PERSONAL GUARANTEE BY THE STATE WHEN GRANTING LOANS FOR PERMANENT HOUSING TO YOUNG PEOPLE UP TO THE AGE OF 35; EXEMPTION FROM MUNICIPAL PROPERTY TRANSFER TAX AND STAMP TAX ON THE PURCHASE OF PERMANENT HOUSING BY YOUNG PEOPLE UP TO THE AGE OF 35
The month of July was characterised, in legislative terms, by the publication of Decree-Law no. 44/2024, of July 10, which establishes the conditions under which the State can provide a personal guarantee to credit institutions with an intent to make possible the grant of loans for own and permanent housing to young people up to the age of 35, as well as the publication of Decree-Law no.48-A/2024, of July 25, which exempts the purchase of permanent housing by young people up to the age of 35 from municipal property transfer tax and stamp tax, by amending the Municipal Property Transfer Tax Code and the Stamp Tax Code.
Also noteworthy, at a legislative level, are:
Whitin the scope of case law, the month of July is highlighted by the Judgement of the Constitutional Court no. 539/2024, of July 9, Case no. 231/2023, in which it was decided “to declare the unconstitutionality, with general binding force, of the rule that results from the combined interpretation of articles 11 no. 1 and 25 no. 4 of the Code of Procedure in Administrative Courts (approved by Law no. 15/2002, of 22 February, as amended by Law no. 118/2019, of 17 September), according to which, in administrative courts, when the State is sued or several ministries are sued in the same action, the representation of the State by the Public Prosecutor's Office is a possibility, and the summons is addressed only to the State Legal Competence Centre, which ensures that it is transmitted to the competent services and coordinates the terms of the respective intervention in court."
Finally, in Miscellaneous, the Council of Ministers approved: (i) the draft law authorising the government to amend the Corporate Income Tax Code (IRC), gradually reducing the tax rate from 21% to 15% over the years 2025 to 2027; (ii) the draft law authorising the government to amend the Corporate Income Tax Code with regards to the economic double taxation requirement; (iii) and the draft law authorising the government to amend the cash value added tax (VAT) regime, increasing the eligibility of this regime so that it covers a wider range of taxable persons.
II. LEGISLATION
Decree-Law no. 42/2024, of July 2: Amends Decree-Law no. 308/2007, of September 3, extending access to the Porta 65 - Youth programme.
Decree-Law no. 43/2024, of July 2: Amends Decree-Law no. 20-B/2023, of March 22, which creates extraordinary support for families to pay rent and the instalment of credit agreements, and repeals the extension of the forced lease regime to vacant homes.
Decree-Law no. 43-A/2024, of July 2: Proceeds with the eighth amendment to Law no. 4/2004, of January 15, which establishes the principles and rules governing the organisation of the state's direct administration.
Council of Ministers Resolution no. 86/2024, of July 9: Approves measures to improve citizens' access to public bodies that provide face-to-face services to the public.
Decree-Law no. 44/2024, of July 10: Establishes the conditions under which the state can provide a personal guarantee to credit institutions with the intent to make possible the grant of loans for permanent housing to young people up to the age of 35.
Decree-Law no. 45-A/2024, of July 12: Establishes a system for rewarding the performance of medical workers through the award of a remuneration supplement, necessary to ensure the functioning of emergency services.
Declaration of Rectification no. 28/2024/1, July 15: Rectifies Ordinance no. 160-A/2024/1, of June 7, which makes the first amendment to Ordinance no. 138-C/2021, of June 30, which defines the model and complementary elements that applications to finance the Programme to Support Access to Housing and the National Emergency and Temporary Accommodation Exchange must comply with.
Decree-Law no. 48/2024 of July 25: Limits the situations in which the right of retention takes precedence over the mortgage.
Decree-Law no. 48-A/2024, of July 25: Exempts the purchase of own and permanent housing by young people up to the age of 35 from municipal transfer tax and stamp duty, by amending the Municipal Tax Code on the Transfer of Property and the Stamp Duty Code.
Ordinance no. 178/2024/1, of July 31: Approves the percentages of the exchange rate correction mechanism created by Decree-Law no. 35-B/2016, of June 30, in its current wording, for the 1st half of 2024.
Decree-Law no. 48-C/2024, of July 31: Changes the conditions for payment of the procedural recovery supplement.
Decree-Law no. 48-D/2024, of July 31: Establishes exemptions and reductions in fees due for the registration of the first acquisition, by young people aged 35 or under, of a property intended for their own permanent residence and for the registration of the mortgage intended to guarantee the loan granted for that acquisition.
III. Public Procurement1 [NEW]
Announcement no. 13228/2024, of July 1: Construction contract for the Reproductive Medicine Unit – Local Health Unit of S?o Jo?o E.P.E. - €1,400,000.00 (Vortal)
Announcement no. 13281/2024, of July 1: Purchase of IT equipment for the Specialised Technology Centre - D. Dinis School Group, Santo Tirso - € 1,324,109.08 (Vortal)
Announcement no. 13290/2024, of July 1: Provision of road passenger transport services in Beira Alta, on the Coimbra/Guarda/Coimbra, Mangualde/Coimbra/Mangualde and Guarda/Vilar Formoso/Guarda sections, to replace rail transport, due to the banning of trains - CP - Comboios de Portugal, E. P. E. - € 1,328,310.00 (AcinGov)
Announcement no. 13313/2024, of July 1: Being close to the people: Social housing - Estádio do Mar housing complex - Senhora da Hora - Matosinhos City Council - € 12,890,000.00 (AcinGov)
Announcement no. 13314/2024, of July 1: Social Housing - Guif?es Housing Complex - Design and construction - Matosinhos City Council - € 7,000,000.00 (AcinGov)
Announcement no. 13315/2024, of July 1: Construction of social housing, in accordance with the local housing strategy. - Matosinhos City Council - € 11,370,000.00 (AcinGov)
Announcement no. 13348/2024, of July 1: Contract for the Construction of a Senior Residence, located in Setúbal – Holy House of Mercy of Setúbal - €4,700,000.00 (ComprasPT)
Announcement no. 13372/2024, of July 2: 16/DRU/2022 - Youth Housing - Av. Ivens no 5, in Dafundo - Municipality of Oeiras - €1,950,000.00 (Vortal)
Announcement no. 13373/2024, of July 2: Construction of the new óbidos GNR Territorial Post - óbidos Municipality - €1,659,141.73 (AcinGov)
Announcement no. 13375/2024, of July 2: Contract for the Urban Arrangement of the Public Space of the Bom Pastor and Vale Formoso Neighbourhood and the Rehabilitation of Equipment (Outdoor Sports Centre and Changing Rooms) - EM.001.2024.045 - CMPH Municipal Housing and Maintenance Company of Porto, E.M. - €3,288,000.00 (AcinGov)
Announcement no. 13438/2024, of July 2: Construction of the Peg?es School Centre - Municipality of Montijo - €3,923,326.23 (Vortal)
Announcement no. 13476/2024, of July 3: Gaspar Correia Basic School in Portela - Improvements - Works - Loures City Council - € 6,945,104.89 (Vortal)
Announcement no. 13492/2024, of July 3: Public Procurement for the Rehabilitation of Social Housing in the Municipality of Nordeste - Municipality of Nordeste - € 1,239,437.55 (Vortal)
Announcement no. 13560/2024, of July 4: Acquisition of Various IT Equipment within the scope of the Specialised Technology Centres – School TGroup of Dr. Jo?o Araújo Correia - € 2,220,680.00 (Vortal)
Announcement no. 13581/2024, of July 4: Contract for the refurbishment and extension of the Penafiel Palace of Justice - Institute for Financial Management and Justice Equipment, I. P. - € 1,757,130.00 (Vortal)
Announcement no. 13602/2024, of July 4: Building Construction Contract - CerciPortalegre's INterGerA??es Collaborative Housing, financed by application no. PRR-RE-C03-i01-03-000027 - CERCIPORTALEGRE - Portalegre Cooperative for the Education and Rehabilitation of Citizens with Disabilities - CRL - € 1,126,659.50 (AcinGov)
Announcement no. 13605/2024, of July 4: CPN 56/2024/DICP - T-23/2022 - Construction of the Pousos Health Unit - Leiria - Municipality of Leiria - € 1,761,616.97 (AnoGov)
Announcement no. 13617/2024, of July 4: Contract for the "Urban Reformulation of the Rugby Field, Support Buildings and Surrounding Areas" - Municipality of Santarém - € 2,154,761.45 (AcinGov)
Announcement no. 13641/2024, of July 4: Expansion and Upgrading of the Urmeira Health Unit - Odivelas - Municipality of Odivelas - € 1,450,000.00 (Vortal)
Announcement no. 13652/2024, of July 4: Construction contract for the building at Rua da Pena 63 to 75 - Porto Vivo, SRU – Urban Rehabilitation Society of Porto, E.M., S.A. - € 1,900,000.00 (AcinGov)
Announcement no. 13667/2024, of July 4: Contract for the Refurbishment and Expansion of the Mour?o Kindergarten, for the creation and operation of a Municipal Nursery - Municipality of Mour?o - €1,045,000.00 (Vortal)
Announcement no. 13669/2024, of July 4: Requalification and extension of the Padre Benjamim Salgado Secondary School - Joane - Municipality of Vila Nova de Famalic?o - € 19,350,000.00 (AnoGov)
Announcement no. 13714/2024, of July 5: Public Road Passenger Transport Service in the municipality of Lamego - Municipality of Lamego - €17,067,234.58 (AnoGov)
Announcement no. 13733/2024, of July 5: Contract to extend and upgrade the Oliveira do Hospital Health Centre building - Municipality of Oliveira do Hospital - € 3,000,000.00 (Vortal)
Announcement no. 13743/2024, of July 5: Air transport agency services, accommodation, events and complementary services - Banco de Portugal - € 5,000,000.00 (Vortal)
Announcement no. 13779/2024, of July 5: Framework Agreement for the Supply of Insurance - CIMAL - Intermunicipal Community of Alentejo Litoral (AcinGov)
Announcement no. 13812/2024, of July 8: Contract for the Design and Construction of the Residence at the Quinta de S?o Roque Campus - University of Madeira - €7,265,000.00 (AcinGov)
Announcement no. 13880/2024, of July 8: Acquisition of legal services for legal representation, on behalf of AIMA, I.P. - Agency for Migration Integration and Asylum - €200,000.00 (Vortal)
Announcement no. 13902/2024, of July 8: Construction of Baltar Urban Park - Municipality of Paredes - €1,100,207.91 (Vortal)
Announcement no. 13911/2024, of July 8: Contract DPGOM2024_24 _ Requalification of the Alcanena and Minde Health Centres - Municipality of Alcanena - €1,575,864.27 (AcinGov)
Announcement no. 13960/2024, of July 9: Contract to refurbish the Viseu Citizen's Bureau - Agency for Administrative Modernisation, I.P. - € 1,245,300.00 (AcinGov)
Announcement no. 13961/2024, of July 9: This is a refurbishment of 18 units in a multi-family building in the parish of Campelo and Ovil, municipality of Bai?o - Municipality of Bai?o - €1,216,335.31 (AnoGov)
Announcement no. 14021/2024, of July 9: "Refurbishment and Expansion of the Padre Porfírio Alves Community Support Centre" - Parish Church Factory of S?o Jo?o Baptista de Vila do Conde - €2,200,000.00 (AcinGov)
Announcement no. 14088/2024, of July 10: Creation of controlled-cost housing for affordable rent - Ministry of Defence property - Rehabilitation of the Figueira Towers - Blocks 1 and 2 - 24 dwellings - Parish of Buarcos and S. Juli?o - Work. - Municipality of Figueira da Foz - €2,434,593.76 (AcinGov)
Announcement no. 14104/2024, of July 10: Proc. 47/DCH/2023 - PRR - Architectural Requalification of Neighbourhood Dr. Francisco Sá Carneiro - Rua Tomás de Lima, nos. 1, 3, 5, 7, 9, 11 and 13 - Caxias - Oeiras - Municipality of Oeiras - €1,142,221.46 (Vortal)
Announcement no. 14151/2024, of July 10: Contract for the Refurbishment of the Vila Nova de Santo André Health Centre – Local Health Unit of Litoral Alentejano EPE - €2,500,000.00 (Vortal)
Announcement no. 14162/2024, of July 10: Rua Direita l Requalification Rua da Lomba e Others – Construction and Management of Porto, EM - € 2.040.000,00 (AcinGov)
Announcement no. 14164/2024, of July 11: Contract for the construction of the new building for the Centre for the Production and Dissemination of Knowledge of the Polytechnic Institute of Tomar - Polytechnic Institute of Tomar - €1,350,000.00 (AcinGov)
Announcement no. 14167/2024, of July 11: P237A/2023 - Rehabilitation and Expansion of Lou??s School for Nursery School (100964/2023) - Municipality of Ourém - € 1,059,489.80 (AcinGov)
Announcement no. 14203/2024, of July 11: Rehabilitation and remodelling of the existing public space next to Póvoa de Santa Iria Railway Station - Municipality of Vila Franca de Xira - € 3,400,000.00 (AnoGov)
Announcement no. 14207/2024, of July 11: Cartaxo Health Centre construction contract - Cartaxo Municipality - € 3,009,449.37 (AcinGov)
Announcement no. 14212/2024, of July 11: Construction of a Citizen's Bureau in Alverca do Ribatejo - Municipality of Vila Franca de Xira - € 1,295,800.00 (AnoGov)
Announcement no. 14224/2024, of July 11: Rehabilitation of the Albergaria Nobre for Student Residence - Municipality of Marinha Grande - € 2,993,316.80 (Vortal)
Announcement no. 14225/2024, of July 11: Renovation of the Azeredo Perdig?o School in Abraveses - Municipality of Viseu - € 3,483,478.81 (AcinGov)
Announcement no. 14244/2024, of July 11: Expansion and Requalification of the Jo?o Pedro de Andrade School in Ponte de Sor - Execution of earthworks, indirect foundations, reinforced concrete, metal structure, roofing, masonry, stonework, metalwork, cladding, carpentry, metalwork, water, wastewater, rainwater, fire, fire safety, electrical installations, telecommunications and HVAC. - Municipality of Ponte de Sor - € 7,057,717.02 (Vortal)
Announcement no. 14262/2024, of July 11: Functional upgrading of the Pedras Salgadas riverside area - Section B. - Municipality of Vila Pouca de Aguiar - €1,002,526.49 (Vortal)
Announcement no. 14283/2024, of July 12: Purchase of travel and accommodation services - PSP - Public Security Police - €3,300,000.00 (Vortal)
Announcement no. 14295/2024, of July 12: Expansion and remodelling of the Senador Sousa Fernandes School - UF de V. N. de Famalic?o e Calendário - Municipality of Vila Nova de Famalic?o - €1,350,000.00 (AnoGov)
Announcement no. 14308/2024, of July 12: Contract for "Rehabilitation of 132 dwellings in the Boa-Fé neighbourhood in Elvas" - Municipality of Elvas - € 3,556,293.76 (Vortal)
Announcement no. 14330/2024, of July 12: Bernardino Machado Secondary School (Requalification) - Works - Figueira da Foz Municipality - €8,389,418.51 (AcinGov)
Announcement no. 14345/2024, of July 12: Proc. 34/DCH/2024 - Construction of the Quinta das Acácias Housing Programme, 42 homes - Carnaxide (NPH/03) - Municipality of Oeiras - € 6,338,744.64 (Vortal)
Announcement no. 14364/2024, of July 12: This is for the construction of a building that will function as the Home for the Elderly and Day Centre of the institution of the Social Support Centre of Serras de Aire e Candeeiros (CASSAC) - CASSAC – Social Support Centre Serra D' Aire e Candeeiros - €2,287,455.90 (AcinGov)
Announcement no. 14418/2024, of July 15: CP no. 20/2024 - Contract for the Adaptation of an Existing Building for a University Residence - Boavista Student Residence - University of Beira Interior - €1,180,000.00 (AcinGov)
Announcement no. 14433/2024, of July 15: Construction of the Lamego Health Park - Municipality of Lamego - €9,954,583.00 (AnoGov)
Announcement no. 14440/2024, of July 15: Acquisition of travel, air transport and accommodation services, by lot - University of Lisbon - €4,826,244.00 (AcinGov)
Announcement no. 14496/2024, of July 15: Acquisition of legal services, litigation and legal consultancy, with a view to ensuring legal services and legal representation - Municipality of Barreiro - €207,000.00 (Vortal)
Announcement no. 14539/2024, of July 15: Refurbishment of Corti?adas de Lavre Primary School and Kindergarten - Municipality of Montemor-o-Novo - €220,822.00 (Vortal)
Announcement no. 14578/2024, of July 16: Design and Construction for the Adaptation of the Santo Estev?o Building, within the scope of the PRR PNAES - Polytechnic Institute of Leiria - € 3,410,000.00 (AcinGov)
Announcement no. 14609/2024, of July 16: Refurbishment and Extension of the Honório Francisco Sports Centre - Odivelas - Municipality of Odivelas - € 3,300,000.00 (Vortal)
Announcement no. 14621/2024, of July 16: Requalification and Expansion of the S. Louren?o Thermal Spa - Municipality of Carrazeda de Ansi?es - € 1,695,162.34 (Vortal)
Announcement no. 14625/2024, of July 16: Contract for the construction of the Marinha Integrated Health Centre - Municipality of Espinho - €1,020,000.00 (AcinGov)
Announcement no. 14664/2024, of July 17: Contract for the Refurbishment of the Jayme Rios de Souza University Residence - University of Porto - Rectory - €4,500,000.00 (AcinGov)
Announcement no. 14678/2024, of July 17: Contract Rua Direita l Requalification f Rua de Agra de Ramalde and Others – Construction and management of Porto, EM - €1,600,000.00 (AcinGov)
Announcement no. 14688/2024, of July 17: 24W00009 - Acquisition of travel agency services - University of Coimbra - € 3,600,000.00 (AcinGov)
Announcement no. 14702/2024, of July 17: Acquisition of Insurance Services - FAGAR Faro, Water and Waste Management, E.M. - €1,500,000.00 (AnoGov)
Announcement no. 14706/2024, of July 17: Construction of the Milharado 2/3 Basic School - Póvoa da Galega - Municipality of Mafra - € 13,795,931.61 (AnoGov)
Announcement no. 14717/2024, of July 17: Contract for "ELH - CONSTRUCTION OF 30 FIRES IN SARGA?AL - VáLEGA" - Municipality of Ovar - € 3,873,933.98 (Vortal)
Announcement no. 14762/2024, of July 17: Construction Contract for the Residential Structure for the Elderly (ERPI) of the Patronato - Patronato – Parish and Social Centre of Santa Mafalda - €5,420,000.00 (AnoGov)
Announcement no. 14766/2024, of July 18: Acquisition of Legal Services to Support the Legal Office - Temporary provision of three human resources - Mission Structure for the Management of the Strategic Plan of the Common Agricultural Policy in Mainland Portugal - €101,520.00 (AnoGov)
Announcement no. 14778/2024, of July 18: PA.130.2023.0001004 - Rehabilitation of 50 Housing Fractions in the District of Aveiro – IHRU Institution for Housing and Urban Rehabilitation - €1,323,855.00 (AnoGov)
Announcement no. 14781/2024, of 18 July: Contract for the Rehabilitation and Upgrading of the Instituto Superior Técnico Library - Instituto Superior Técnico - €1,185,000.00 (AcinGov)
Announcement no. 14821/2024, of July 18: Construction of 2 Municipal Housing Plots in Arinto, Póvoa de Santo Adri?o, Odivelas - Municipality of Odivelas - €5,044,000.00 (Vortal)
Announcement no. 14828/2024, of 18 July: Contract by Lots for the Rehabilitation of 8 of the 28 Social Housing Buildings in the Bairro de Alcoit?o in the parish of Alcabideche in the Municipality of Cascais under the ELH and the Recovery and Resilience Plan - Municipality of Cascais - €2,203,695.92 (AcinGov)
Announcement no. 14862/2024, of July 18: Contract for the Rehabilitation of 8 of 18 Social Housing Buildings in Bairro da Adroana under the scope of the ELH and PRR -2nd Phase - Municipality of Cascais - €2,954,469.60 (AcinGov)
领英推荐
Announcement no. 14865/2024, of July 18: Contract for the Rehabilitation of 10 of the 23 Social Housing Buildings in Bairro Novo do Pinhal under the scope of ELH and PRR - 2nd Phase - Municipality of Cascais - €3,178,347.07 (AcinGov)
Announcement no. 15013/2024, of July 22: Contract for the construction of the Baixo Vouga Lagoon Primary Defence System - Intermunicipal Community of the Aveiro Region - €24,500,000.00 (AcinGov)
Announcement no. 15035/2024, of July 22: Design-build contract for the conversion of the Oliveira do Hospital Business Centre - actions provided for in investment project no. 86, under the PRR, component 7-infrastructures (Notice no. 02/C7-I01/2021) - Municipality of Oliveira do Hospital - €7,143,374.30 (Vortal)
Announcement no. 15071/2024, of July 22: Supply/upgrade of APM Software licensing, under the investment project (TD-C17-i02), of the Recovery and Resilience Plan (PRR) - Tax and Customs Authority - €2,659,000.00 (Vortal)
Announcement no. 15184/2024, of July 22: Provision of Legal Services in the areas of Public Contracts Law and Labour Law – Local Health Unit of Algarve, E. P. E. E. - €50,000.00 (Vortal)
Announcement no. 15199/2024, of July 23: Vila Franca de Xira Exhibition Grounds Contract - Implementation of Measures for the Rehabilitation/Reformulation of the Exhibition Grounds and the Built Environment - EPAL - Empresa Portuguesa das águas Livres, S. A. - €2,700,000.00 (AcinGov)
Announcement no. 15263/2024, of July 23: Contract for the Refurbishment of the Jayme Rios de Souza University Residence - University of Porto - €4,500,000.00 (AcinGov)
Announcement no. 15311/2024, of July 24: Requalification of the Professor Fernando Martins Basic School - Municipality of ílhavo - € 3,500,000.00 (AcinGov)
Announcement no. 15348/2024, of July 24: Acquisition of various types of insurance for the Municipality of Oeiras. - Municipality of Oeiras - € 2,903,476.77 (Vortal)
Announcement no. 15352/2024, of 24 July: 2024/57 - DEM-UCR - Professor José Augusto Lucas Secondary School (Linda-a-Velha) - Rehabilitation and general upgrading of the premises - Municipality of Oeiras - € 12,000,000.00 (Vortal)
Announcement no. 15386/2024, of July 24: Proc. 21/DCH/2024 - Construction of the Irm? Joana Development Housing Programme - 30 dwellings, Porto Salvo - Municipality of Oeiras - € 6,933,491.88 (Vortal)
Announcement no. 15408/2024, of July 25: Design-build contracts for residential buildings to be built at Rua Tenente Beir?o (Plot 1) and Rua da República/ Rua Teófilo Braga (Plot 2) - Municipality of Pinhel - €1,797,522.50 (Vortal)
Announcement no. 15411/2024, of July 25: PO 519/2024 - Construction of social housing (8 dwellings) - Lugar da Portela - Souto - Municipality of Arcos de Valdevez - €1,200,149.06 (Vortal)
Announcement no. 15489/2024, of July 25: Requalification of the José Ferreira Pinto Basto Basic School - Municipality of ílhavo - € 5,455,000.00 (AcinGov)
Announcement no. 15496/2024, of July 25: Construction of 27 dwellings - Rua do Roseiral do Ribeiro, Venda do Valador - Municipality of Mafra - € 4,143,623.27 (AnoGov)
Announcement no. 15508/2024, of July 25: Design-build public works contract for the extension of the Maria Beatriz Student Residence using prefabricated self-supporting modules, improving energy performance and thermal efficiency and consumption - Polytechnic Institute of Lisbon - €2,741,066.00 (AcinGov)
Announcement no. 15510/2024, of July 25: Design-Build Contract for the Rehabilitation of the CFPIC Building at the Headquarters in S. Jo?o da Madeira and at the Felgueiras Pole - Footwear Industry Vocational Training Centre - € 2,619,300.00 (AcinGov)
Announcement no. 15514/2024, of July 25: Construction of a building for a Family Health Unit - Municipality of S?o Brás de Alportel - € 2,196,300.00 (AcinGov)
Announcement no. 15555/2024, of July 26: Contract for the design/construction of the rehabilitation of the slope on ER 1-1.a, Parish of Raminho, Terceira Island - Regional Directorate for Public Works - € 4,000,000.00 (AcinGov)
Announcement no. 15560/2024, of July 26: Public Works Contract - águas do Vale do Tejo, S. A. - € 4,900,000.00 (AcinGov)
Announcement no. 15592/2024, of July 26: EAP - álvaro Pais Building Refurbishment Contract - Banco de Portugal - € 4,800,000.00 (Vortal)
Announcement no. 15600/2024, of July 26: Contract for the Construction of 19 Houses in Rua das Canadinhas, Parish of Feteira, Municipality of Horta - Municipality of Horta - € 3,310,284.82 (AcinGov)
Announcement no. 15623/2024, of July 26: Refurbishment of the Fernanda Ribeiro Municipal Pavilion - Municipality of Penafiel - € 7,473,317.23 (Vortal)
Announcement no. 15688/2024, of July 29: Public Procurement for Health Insurance and Provision of Complementary Brokerage Services - REN - Redes Energéticas Nacionais, SGPS, S. A. - €2,998,698.99 (Vortal)
Announcement no. 15701/2024, of July 29: EM-24/00047 - Contract for the construction of a collective housing building at controlled costs (ELH), designated PRJ 13E, at Av. de Lisboa, Lote 62 in Casal de Cambra - Municipality of Sintra - € 2,095,130.10 (Vortal)
Announcement no. 15746/2024, of July 29: Rehabilitation of the buildings located at Rua do Gon?alinho no. 28-36 - Municipality of Viseu - € 2,319,040.00 (AcinGov)
Announcement no. 15754/2024, of July 29: Requalification of the S?o Jacinto Camping Park - Municipality of Aveiro - € 1,567,433.11 (AcinGov)
Announcement no. 15815/2024, of July 30: Construction contract for the Foros de Amora Health Unit, under the "Project 1693" application, to be carried out in 540 days, also including maintenance of the green structure for 365 days. - Municipality of Seixal - €4,169,327.55 (AcinGov)
Announcement no. 15839/2024, of July 30: Conversion of a Residential Building to Install a Family Health Unit - Municipality of Castelo Branco - € 2,300,000.00 (AcinGov)
Announcement no. 15859/2024, of July 30: Creation of affordable housing for rent - Ministry of Defence properties - parish of Buarcos and S. Juli?o - Work - Construction of Block 4 - 24 dwellings - Municipality of Figueira da Foz - € 2,901,197.49 (AcinGov)
Announcement no. 15954/2024, of July 31: Construction of affordable housing _ Pampilhosa da Serra - Municipality of Pampilhosa da Serra - € 1,283,690.51 (Vortal)
Announcement no. 15970/2024, of July 31: Contract for the construction of the "Le?a do Balio Monastery Gardens" - Lionesa - Art, Culture and Tourism Association - € 4,870,000.00 (AcinGov)
Announcement no. 15994/2024, of July 31: Contract for the Construction of the Quimigal Student Residence at the University of Aveiro - University of Aveiro - € 3,240,000.00 (Vortal)
Announcement no. 16018/2024, of July 31: Requalification of Pedro da Fonseca Primary and Secondary School - Municipality of Proen?a-a-Nova - € 1,384,360.69 (AcinGov)
[1] Public Tenders 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 of Justice (Fourth Chamber), 4 July, Case C-450/22: Reference for a preliminary ruling. Unfair terms in consumer contracts. Directive 93/13/EEC. Mortgage loan agreements. Clauses limiting the variation of the interest rates. ‘Floor’ clauses. Collective action seeking an order to cease and desist from using those clauses and reimbursement of the payments made in that respect, involving a significant number of sellers or suppliers and consumers. Plain and intelligible nature of those clauses. Concept of the ‘average consumer who is reasonably well informed and reasonably observant and circumspect’.
Summary:
Judgment of the Court (Second Chamber), 11 July. Case C-196/23: Reference for a preliminary ruling. Social policy. Directive 98/59/EC. Collective redundancies. Article 1 no. 1 (a) and Article 2. Obligation to inform and consult workers’ representatives. Scope. Termination of employment contracts on the ground of the employer’s retirement. Articles 27 and 30 of the Charter of Fundamental Rights of the European Union.
Summary:
EU law must be interpreted as not requiring a national court, hearing proceedings between individuals, to disapply a national law, such as that referred to in point 1 of the present operative part, in the event that it is contrary to the provisions of Article 1 no. 1 and Article 2 of Directive 98/59.
IV.2. Constitutional Court
"In view of the above, it is decided:
a) To declare unconstitutional the rule contained in article 794 no. 1 of the CPC, according to which, if more than one execution is pending on the same property, the execution in which the seizure was last is suspended, even if the respective sale does not take place in the execution in which the seizure is older, by virtue of the provisions of article 244 no. 2 of the CPPT .This is a disproportionate restriction on the rights to private property and effective judicial protection, in violation of Articles 18 no. 2, 20 and 62, all of the CRP; and, consequently,
b) Dismiss the appeal."
Judgement of the Constitutional Court no. 539/2024, of 9 July, Case no. 231/2023:
“In view of the above it is decided to declare the unconstitutionality, with general binding force, of the rule that results from the combined interpretation of articles 11 no. 1 and 25 no. 4 of the Code of Procedure in Administrative Courts (approved by Law no. 15/2002, of 22 February, as amended by Law no. 118/2019, of 17 September), according to which, in administrative courts, when the State is sued or several ministries are sued in the same action, the representation of the State by the Public Prosecutor's Office is a possibility, and the summons is addressed only to the State Legal Competence Centre, which ensures that it is transmitted to the competent services and coordinates the terms of the respective intervention in court."
IV.3. Judicial Courts
Judgement of the Supreme Court of Justice, of July 2, Case no. 837/20.4T8PVZ.P1.S1: Contractual Liability. Unfair Competition. Real Estate Intermediation. Clientele. General Clause. Indeterminate Concept. Illegality. Right to compensation.
Summary:
"I. Article 311 no. 1 of the Industrial Property Code is constructed as a general clause of a non-exhaustive evaluative nature, mentioning by way of example some of the acts that may be included in it, appealing to a criterion of normative interpretation based on the contradiction of norms and honest uses in any branch of economic activity.
II. Given such a normative formulation of the concept of unfair competition, only the approximation to the acts concretely carried out and in the circumstances that are ascertained allows a conclusion on the respective illegality.
III. The presumption of unlawful conduct, which is the basis for the obligation to pay compensation, is not fulfilled if it is only proven that, after the termination of the contract for the provision of services she had entered into with the defendant, a real estate agent, A., ex-agent, "hand-delivered letters to the defendant's head office from the clients she had recruited for the defendant, during the term of the contract between them, in which they informed her of the cancellation of their mediation contracts" and, "subsequently, by agreement with these clients, she began to advertise the sale of their properties on her Facebook page"."
Judgement of the Supreme Court of Justice, of July 9, Case no. 1871/23.8T8LRA-B.C1.S1: Graduation of Credits. Seizure. Regional Social Security Centre. Labour Credit. Restrictive Interpretation.
Summary:
"I - The logical contradiction that results from the fact that the credit guaranteed by the pledge has preference over the labour credit (article 666, no. 1, and 749, no. 1, of the Civil Code), but not over the Social Security credit (article 204, no. 1 and 2, of the Code of Contributory Regimes of the Social Security Welfare System) is undeniable; that the Social Security claim has preference over the seizure, but not over the labour claim (Article 747 no. 1 (a) of the Civil Code), thus constituting a conflicting triangulation between them when the graduation involves these three types of claims together.
II - The solution that best reconciles, as far as possible, the legal norms involved is a restrictive reading of article 204 no. 2 of the Code of Contributory Regimes of the Social Security System, which is justified by the fact that lien claims, workers' claims, State and local authority claims and Social Security claims all compete, the solution of preferences intended to regulate the normal layout of the claims in question is no longer applicable, thus avoiding the disproportionate exclusion of a wider range of other creditors, namely the holders of labour claims (to the unjustified benefit of the Social Security claim which should, from the outset, give way to those claims).
III - It is understandable in this complex and sui generis framework that the seizure takes precedence over the general movable credit privilege of the Social Security and the general movable privilege of the workers, given that it constitutes a guarantee of a real nature, signed by contract, protecting the legitimate guarantee expectations of the respective creditor, the pledge being endowed with sequela and opposable erga omnes, in comparison with the mere preference of payment of those in relation to common credits.
IV - Therefore, if claims secured by seizure, claims with a general security interest arising from an employment contract, or from its breach or termination, and claims with a general security interest of the Social Security for contributions compete in the same ranking, the order of priority for these claims is: firstly, the seizure claim; secondly, the labour claim; thirdly, the Social Security claim."
Judgement of the Lisbon Court of Appeals, July 3, Case no. 293/23.5YHLSB.L1-PICRS: Trademark. Imitation. Coexistence of Trademarks. Preclusion by Tolerance.
Summary:
"I. - The registration of a trademark is of a constitutive nature, conferring on its owner the right of ownership and exclusivity of the trademark for the goods and services for which it is intended;
II. - The fact that the current shareholder of the company applying to register a trademark holds the registration of earlier trademarks does not entitle it to have that registration granted as "an extension of the rights already granted to the business group to which it belongs";
III. - The coexistence of earlier trade marks on the market may eventually reduce the likelihood of confusion between two conflicting marks. But this eventuality can only be taken into account when, at the very least, the applicant for registration of the trade mark has demonstrated that this coexistence was based on the absence of a likelihood of confusion in the minds of the relevant public;
IV. - Tolerance estoppel is provided for in Article 261 of the CPI for the right to request the cancellation of the registration of the later mark, or to oppose its use in relation to the goods or services in which the later mark has been used (unless the registration of the later mark was made in bad faith) and does not constitute an autonomous ground for refusing to register a mark."
Judgement of the Lisbon Court of Appeals, July 11, Case no. 28333/23.0T8LSB-E.L1-1: Exoneration of Remaining Liabilities. Minimally Worthy Support for the Debtor. National Minimum Wage.
Summary:
"I - In the assessment of the amount of income to be excluded from the object of the assignment determined in the context of the incident of exoneration of the remaining liabilities, it is important to consider that minimally decent sustenance is not reduced to a minimum of physical survival nor, on the other hand, does it correspond to what would be necessary to maintain the standard of living that the debtor had before the declaration of his insolvency, if higher than that necessary for a humanly decent living.
II - When it comes to determining the amount of income to be excluded from the assignment, it is irrelevant to consider the amount of income earned by the debtor since, regardless of whether it amounts to this or that amount, what matters for the purposes of quantifying the income excluded from the assignment (the unavailable income) is the amount of the eligible expenses, which will always be the same regardless of the income earned.
III - The sacrifice to which the debtor voluntarily subjects himself by resorting to the incident of exoneration of the remaining liabilities and which burdens him to compress his expenses to what is necessary for an adaptation of the standard of living to the status conferred by insolvency, is justified by the sacrifice that the benefit he reaps from it imposes on his creditors, and it is important to always bear in mind that on the other side of the benefit he seeks to obtain through this incident is the economic right to the private property of the creditors, and that the alternative to this sacrifice is the right of creditors to pursue the coercive recovery of their claims after the insolvency proceedings have ended, with the consequent constraint of having their income seized and affected until their liabilities are paid in full.
IV - The amount necessary for a minimally decent subsistence will correspond to the sum of subsistence costs which, due to their indistinctly daily, regular or periodic nature, are common to all and which, within a standard of normality dictated by general experience, are capable of being quantified in the same way for most people, for which the value of the RMMG (guaranteed minimum monthly wage) is considered necessary and sufficient as a numerical expression of what the ordinary legislator, in the socio-economic context in which it is set, understood to be the minimum to safeguard a decent living.
V - Other expenses may be added to the general expenses common to all, depending on the particular socio-family and professional conditions of the debtor, such as the number of people in the household who depend on the debtor or, on the contrary, who contribute income to common expenses, a diet dictated by health reasons, the need for monitoring and medical treatment dictated by chronic pathologies, travelling to work when it is likely to be particularised in relation to the general public (either due to distance or the absence of a public transport network that can serve the debtor's travel needs), the need for assistance or care from a third party, etc.
VI - Even though the RMMG tends to guarantee the minimum necessary for each person to earn a decent living, the cost of renting housing is excluded from this equation, both because of the current prices on the housing market and because it is the fixed and necessary expense that, as a rule, burdens the household the most and cannot be compressed or at least adjusted in proportion to the number of people in the household earning an income and contributing to it, It also varies considerably depending on the region in which you live and how close you are to urban centres.
VII - The exclusion of the amount of €1,780.00 for food, clothing, footwear, cleaning and linen care costs, household supply contracts and travel costs for a debtor who is retired and whose household is reduced to himself, affronts the right of creditors to satisfy their claims at the expense of the debtor's assets, as well as the socio-economic reality of the country by reference to the average income earned by most people, with which, albeit modestly, they provide for themselves and their household in a decent manner
VIII - There is a natural duty of reciprocal assistance between parents and children, but the maintenance obligation referred to in Article 2003 of the Civil Code only arises in the event of the maintenance claimant's need, which presupposes a lack or insufficiency of patrimonial resources, and in accordance with the economic possibilities of the debtor, taking into account, in particular, the obligations he has contracted with other people.
IX - Pending insolvency proceedings, maintenance payable by the debtor can only be awarded and fixed under the terms of articles 84 and 93 of the CIRE.
X - Since there is no evidence to consider medical and medication expenses with a regular monthly periodicity to be included in unavailable income in a generic and indistinct manner valid for all months/years, they should only be excluded if and when they are realised and for the amount they are documented, under the terms of article 239, no. 3, b), iii) of the CIRE."
Judgement of the Guimar?es Court of Appeals, July 11, Case no. 2152/23.2T8GMR.G1: Conjugal illegitimacy. Annulment. Hereditary Communion.
Summary:
"I - The heirs have a right over the inheritance and not a right over each of the assets that make it up.
II - It is for this reason that the sale of a specific asset of the estate can only be made by all the heirs, and it is not possible for each of them to transfer the share of the right over the asset corresponding to their hereditary portion.
III - Accordingly, the annulment of a legal transaction which resulted in the sale, by all the heirs, of a property included in the inheritance, on the grounds of the lack of consent of the spouse of one of them, which is required in view of the property regime in force, produces its effects ex tunc, as provided for in article 291 of the Civil Code, on the entire transaction."
IV.4. Administrative and Tax Courts
Judgement of the Supreme Administrative Court, July 3, Case no. 02269/23.3BEPRT: Complaint against the decision of the Tax Enforcement Body. Limitation period. Stoppage of Proceedings.
Summary:
"I - For the purposes of the provisions of article 49 no. 2 of the General Tax Law (initial wording), it must be understood that the tax enforcement process is stopped when the tax administration does not carry out the acts that the law provides for the respective procedure, aimed at recovering the enforced debt;
II - The steps taken by the administration with a view to the attachment of claims and which include notifying the debtor that the claim of the defendant is at the disposal of the tax enforcement body, are, for this purpose, acts of the respective procedure, aimed at the recovery of the enforced debt."
Judgement of the Supreme Administrative Court, July 3, Case no. 01890/18.6BELRS: Judicial Impugnation. Corporate Income Tax. Official Review.
Summary:
"If the taxable person requests an ex-officio review of the liquidation act (art. 78, no. 1 of the L.G.T.) and the act is annulled, even in a court challenge to the rejection of that review, compensatory interest is due one year after the submission of that request, and not from the date of payment of the liquidated amount, in accordance with art. 43 no. 1 and no. 3 (c) of the L.G.T."
V. BRIEFS V.1. DOCTRINE V.1.1.? Monographs and Periodicals
José Casalta Nabais, Estudos Sobre o Estado de Direito e a Tributa??o, Almedina, July 2024.
Diogo Leite de Campos, Dignidade da Pessoa (e Direitos e Economia), Almedina, July 2024.
Jo?o Neto, Modelos de Prova Penal, Almedina, July 2024.
M. Nogueira da Costa, O Poder Disciplinar na Lei Geral do Trabalho em Fun??es Públicas - Lei n.o 35/2014, de 20 de Junho - Comentário da LGTFP, Almedina, July 2024.
Nuno Cunha Rodrigues, A Globaliza??o do Poder Regulatório da Uni?o Europeia, Almedina, July 2024.
Lúcio Pimentel, A Transparência Fiscal, Almedina, July 2024.
Daniel Bessa de Melo, Do Trespasse de Estabelecimento Comercial, Almedina, July 2024.
IV.1.2.?Generic Guidelines & Cia
Notice no. 14751/2024/2, of July 18, by Order of the Director-General of Treasury and Finance
Subject: Supplementary rates of default interest in force in the 2nd half of 2024.
Circular Letter no. 40123/2024, of July 29, by Order of the Deputy Director-General of the Property Tax Area
Subject: IMT - Practical Tables in force in 2024.
V.2. Miscellaneous V.2.1. Economy, Finance and Taxation
On July 4, the Council of Ministers discussed and adopted the Accelerate the Economy Programme, which presents 60 measures to accelerate the growth of the Portuguese economy. The following legislation was approved:
In addition, a Decree-Law was also approved extending the validity of the mechanism for the partial refund of ISP (Tax on Petroleum and Energy Products) on extraordinary professional diesel for eligible supplies made by companies transporting goods for hire or reward between 1 July and 31 December 2024.
On July 11, the Council of Ministers approved a bill authorising the government to adopt electronic service and notification in legal proceedings, determining that the service of legal persons is, as a rule, made electronically, removing existing constraints, particularly in insolvency proceedings.
On July 16, the Council of Ministers discussed and approved several measures dedicated to the Digital Transition and Modernisation. One of these measures was the approval of the decree-law that creates the service system through the Single Digital Services Portal (gov.pt) as a centralised channel for public services, establishing the rules that public administration entities and services that provide services to the public through digital services must follow.
V.2.2. Industrial Property
On 1 July, the INPI published the new Industrial Property Fee Schedule, which updates the fees for the various types of Industrial Property for 2024. This update is the result of a decision by the INPI's Board of Directors on 20 March 2024 and takes effect today, 1 July 2024.
Provisional statistics on Industrial Property Rights (IPR) applications and grants for July 2024 were made available on July 15:
i) In the first six months of the year, 459 national invention applications were filed and 96 national inventions were granted, compared to 106 granted in 2023;
ii) The number of European Patent validations filed in Portugal between January and June 2024 fell by 5.8 per cent year-on-year (1,353 in 2024, 1,436 in 2023);
iii) There were 11,441 applications for registration of National Trademarks and Other Distinctive Trade Signs (OSDC) from January to June 2024, representing an increase of 1.7%. In the same period, 8,819 National Trademarks and OSDCs were granted (8,222 in 2022);
iv) The number of objects included in National Design applications went from 550 in January to July 2023 to 418 in 2024.
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