PORTUGAL Trends and Developments Contributed by: Rita Samoreno Gomes, Petra Carreira and Maria Berta Jerónimo, PLMJ
nisms on their websites under Portuguese law (2021-2024). • Class actions against retail entities for non-compli- ance with product-warranty obligations, telecom- munications providers for unsolicited additional services, and energy companies for alleged mis- leading advertising, among others. • Class actions to obtain documents and/or evi- dence to support future damages claims. Emerging Trends – What’s Next Portugal is likely to experience continued volume growth in the short to medium term, especially in pri- vacy/data breaches, Big Tech/digital markets, and cryptocurrency. ESG and climate litigation The Portuguese Supreme Court recently invited pro- posals from associations for measures to achieve at least a 55% reduction in GHG emissions by 2030, signalling judicial openness to climate remedies. The transposition of the EU Corporate Sustainability Due Diligence Directive will create significant corporate obligations and likely spur class-based ESG claims. Key Considerations for Businesses and Practical Steps Businesses and other stakeholders should be pre- pared to face the upcoming corporate and legal chal- lenges arising from these developments. The main aspects that should be considered have been outlined below. • The opt-out system, the low costs for bringing a class action and funding availability make Portugal an attractive platform for claimants.
• Mandatory publication of judgments may increase reputational risk. • High-profile, complex cases worth millions of euros require legal counsel from professionals with spe- cialised knowledge and strategic insight to navi- gate the complexities of class actions and secure a favourable outcome. • To build strong and cost-efficient defences, busi- nesses should engage top-tier national and/or international economic experts. Conclusion Portugal stands at the forefront of the European class action landscape, attracting international attention with its dynamic, rapidly evolving environment. Por- tugal’s combination of an opt-out regime, active litiga- tion funding, diverse claimant groups, broad sectoral exposure, and a supportive judicial and legal environ- ment makes it a high-risk jurisdiction for class actions. As a result, companies operating in Portugal – or even those based abroad with some impact in Portugal – are more likely to be targeted by large-scale, well- funded, and complex collective claims compared to many other European countries.
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