PORTUGAL Trends and Developments Contributed by: Rita Samoreno Gomes, Petra Carreira and Maria Berta Jerónimo, PLMJ
PLMJ Av Fontes Pereira de Melo 43 1050 119 Lisboa Portugal
Tel: +351 211 592 574 Web: www.plmj.com
No separate certification stage Courts conduct only a low threshold preliminary anal- ysis of the case, and may summarily reject it if they consider that it is clearly unlikely to succeed. Howev- er, early dismissals are rare, and substantive scrutiny usually comes later. Standing: Almost anyone can bring a class action. For consumer matters, associations must meet rep- resentative requirements. Procedural Dynamics That Drive Risk One-shot jurisdiction While in other jurisdictions a defendant may focus on litigating class certification, in Portugal, the same defendant must develop all arguments on both the merits and procedural grounds in the initial defence. Tight defence deadlines Domestic defendants have 30 calendar days from ser- vice on the last defendant; foreign defendants have 60 days to put a full defence upfront. The deadline may be extended to up to 30 days for more complex cases, but this is at Court’s discretion. Injunctive pre-notice (consumer cases) When facing a class action for consumer protections, the defendant should confirm whether it has received any prior communication from the claimant. This is because, before filing an injunction, claimants should send a registered letter to the provider, giving them two weeks to cease the alleged infringement. Compensation Identified class members will be compensated for the actual damage they have suffered, as in general civil liability. For unidentified class members, the courts set a global amount for the total damages. In the context
Portugal Class Actions 2025: A Concise Guide for Businesses Class actions have become an increasingly prominent feature of the Portuguese legal landscape. In fact, Por- tugal has seen a significant increase in class actions, now accounting for more than 25% of all European class action claims in 2024, according to some esti- mates. This figure is notable, especially considering the country’s size, and places Portugal among the top jurisdictions for class action activity in Europe, along- side the UK and the Netherlands. The volume of class actions in Portugal is expected to continue increasing in the short to medium term, with both the number and complexity of claims rising, making it a hotspot for class actions. As Portugal continues to align with broader Europe- an trends in collective redress, businesses must be aware of the unique procedural and strategic consid- erations that shape class action litigation. This guide provides a concise overview of the current regime, highlights key risks and opportunities, and outlines practical steps for companies seeking to navigate the evolving environment. Quick Snapshot of the Regime Legal framework Portugal’s Class Action Act (83/95) underpins a mature collective redress system, complemented by sector rules such as the Private Damages Act (com- petition) and the Consumer Protection Class Actions Act (transposing EU Directive 2020/1828). Opt-out system Class actions generally proceed on an opt-out basis, which means all affected individuals are included unless they opt out, which they may do until the close of the evidential stage.
250 CHAMBERS.COM
Powered by FlippingBook