PORTUGAL Law and Practice Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
12. Appeals 12.1 Basis of Appeal
In civil litigation, including actions for competition damages, the recoverable costs for opposing coun - sel’s fees are generally capped at 50% of the total court fees paid by both parties. However, in the con - text of class actions, this limitation does not auto - matically apply. Instead, the court has discretion to determine the appropriate amount of recoverable legal fees, taking into account factors such as the complex - ity of the case and its overall value. As a general principle, cost allocation in civil pro - ceedings is proportionate to the extent to which each party succeeds in the claim. In class actions, however, specific rules apply: if the court rules even partially in favour of the claimant, they are exempt from paying court costs. Conversely, if the claim is entirely unsuc - cessful, the court will determine a cost amount to be borne by the claimant, based on its discretion. The amount payable by an unsuccessful claimant in a class action typically ranges from 10% to 50% of the court costs applicable in standard civil proceed - ings. When setting this amount, the court takes into account both the financial circumstances of the claim - ants and the reasons behind the claim’s failure. Where multiple claimants are involved, any cost order issued by the court will generally impose joint and several liability for payment. In determining the specific amount to be paid by an unsuccessful claimant, the court will consider the eco - nomic situation of the claimants and the reasons why the claim did not succeed. In cases where there is more than one claimant and a cost order is rendered by the court, claimants will be jointly and severally liable for payment. Defendants in class actions must pay court costs, as is the case in any other civil pro - ceedings. In the case of a settlement, costs are split 50:50, unless otherwise agreed. Where the settlement is made between a party exempted from payment of costs and another party which is not exempted, the court, after hearing the public prosecutor, will set the proportion in which costs are to be paid.
First-instance decisions in private enforcement pro - ceedings, including competition law cases, can be appealed. An appeal must be lodged within 30 days from the date of the decision, or within 40 days if the appellant challenges the factual findings and seeks a review of the trial evidence. The initial assessment of the appeal’s admissibility is conducted by the court of first instance, typically the Competition, Regulation and Supervision Court, though the Court of Appeal also carries out its own review of admissibility once the case is forwarded. The admission of new evidence at the appellate stage is strictly limited. Only evidence that could not have been presented earlier, or that has become relevant due to the first-instance ruling, may be considered. The Court of Appeal will then issue its judgment. That decision may be further appealed to the Supreme Court of Justice, but only on matters of law. This legal appeal must generally be filed within 30 days and is also subject to a review of admissibility by both the appellate and supreme courts. In Portugal, competition litigation is experiencing nota - ble growth and is expected to continue expanding in the near future, particularly in the areas of follow-on actions and collective claims. More than 100 follow- on actions have been lodged with the Competition, Regulation and Supervision Court since 2020. A number of factors are contributing to this trend, making the Portuguese system especially claimant- friendly: • Open access to class actions : Any individual or entity has standing to initiate a class action, and 13. Looking Forward 13.1 Legislative Trends and Other Developments
132 A NTITRUST LI T IGATI O N 2026
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