PORTUGAL Law and Practice Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
This right to contribution is particularly relevant in cases where damages have been paid to individuals or entities that are not direct or indirect purchasers or suppliers of the infringers, as specified in Article 5 (6) of the Act.
assets if there is a credible risk of losing the patri - monial guarantee of a claim. This involves a judicial seizure intended to preserve assets in anticipation of a future judgment. Similarly, where there is a justi - fied fear that relevant assets or documents may be concealed, dissipated or otherwise lost, creditors may request an official description and deposit of such items to ensure their preservation. 10.2 Alternative Dispute Resolution ADR methods are available in Portugal, but they are not mandatory. Under Article 2 (s) of the Private Damages Act, ADR methods include mechanisms such as mediation, arbitration, conciliation and settlement agreements that allow parties to resolve damages claims outside of court. If parties engage in ADR, court proceedings between them are suspended for up to one year. Settlement agreements can limit further claims against settling infringers and restrict the right of non-settling co- infringers to seek contribution from those that have settled. Courts must also take prior settlements into account when determining contribution among co- infringers. Third-party funding is available in Portugal, particu - larly in the context of class actions. It remains a devel - oping area with ongoing judicial scrutiny and evolving legal standards. While such funding was historically rare, its use has increased significantly, especially in consumer- focused collective actions. The law mandates that the funder’s compensation must be fair and propor - tionate, taking into account the nature and risk of the proceedings. In class actions brought to protect consumer inter - ests, the legal framework governing third-party fund - ing is set out in Article 10 of the Private Damages Act on representative actions. The law requires claimants 11. Funding and Costs 11.1 Litigation Funding
10. Other Remedies 10.1 Injunctions
Injunctive relief is available under Portuguese law and plays an important role in ensuring the effectiveness of civil claims, including those relating to competition law. Such relief is granted through urgent proceed - ings, which are usually decided within weeks if the applicant can demonstrate sufficient legal and factual grounds. To obtain an injunction, the applicant must credibly demonstrate the existence of a substantive right and show that this right is under threat due to the respond - ent’s conduct. The applicant must also show that the feared harm would be irreparable or difficult to remedy through subsequent legal action, and that urgent judi - cial intervention is required. In addition, the court will consider whether granting the injunction would cause disproportionate harm to the respondent’s interests, and may deny relief where the balance of hardships weighs against intervention. Injunctive relief can be requested either before or during the main proceedings. If granted prior to the commencement of the main proceedings, the applicant must file the substantive claim within 30 days. In appropriate circumstances, the court may issue injunctive measures without prior notice to the respondent. Applicants may be required to provide security to cov - er potential damages if the injunction is later found to be unjustified. If the claimant ultimately fails in the main action, the injunctive relief will lapse, and the respondent may claim compensation for any losses incurred. In cases of private enforcement involving claims for compensation, Portuguese law allows creditors to request precautionary the seizure of the debtor’s
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