Shipping 2026

PORTUGAL Trends and Developments Contributed by: Francisco Rodrigues Rocha, Gouveia Pereira & Associados – Sociedade de Advogados, SP, RL

certification of vessels and in the enforcement of compliance with said Decree-Law. Overall, legislative developments were limited in 2025. This may be viewed as a negative aspect, given the number of voices rightly calling for a modernisation of Portuguese maritime law; however, it also represents a very positive element, as it contributes to legal stabil - ity and certainty, which are essential for the develop - ment of any economic activity, particularly maritime activities, bearing in mind the substantial long-term investments they require. Developments in commercial ports policy It is also worth noting the government’s approval of the Strategy for Mainland Commercial Ports 2025– 2035, known as Portos 5+, through Council of Minis - ters Resolution No 119/2025 of 24 July. Among the various initiatives, particular emphasis should be placed on the Portuguese State’s inten - tion to launch new port concessions – 15 by 2035 – aimed at attracting investment from both national and international private operators. The amendment to the law at the end of 2024 (Decree-Law No 92/2024 of 25 November), more clearly providing for a maxi - mum term of 75 years, creates more attractive con - ditions for investors. Assuming the current govern - ment remains in office, developments in this area are expected in the short term. Case law trends in maritime law 2025 was also significant in terms of decisions by the Portuguese higher courts. At the time of writing, not all judgments relating to 2025 have yet been published, but the following areas may be highlighted by way of illustration: • arrest of ships, including the arrest of third-party vessels (Lisbon Court of Appeal, 15 July 2025, case No 39/25.3TNLSB.L1-7) and issues of court jurisdiction (Lisbon Court of Appeal, 17 June 2025, case No 31/25.8TNLSB.L1-7); • ownership of land property located within public domain areas and water resources (Guimarães Court of Appeal, 13 November 2025, case No 5384/23.0T8BRG.G1);

• maritime carriage of goods stricto sensu, par - ticularly regarding limitation periods for claims against the carrier, the scope of application of the Hague Rules vis-à-vis Decree-Law No 352/86 (Lisbon Court of Appeal, 9 October 2025, case No 104486/21.5YIPRT.L1-2) and reservations made on bills of lading – specifically “said to contain” reservations in FCL transportation (Lisbon Court of Appeal, 1 July 2025, case No 106/21.2TNLSB. L1-7); • multimodal transport, notably the application of the regime most favourable to the injured party where the location of the damage is unknown (Lisbon Court of Appeal, 11 September 2025, case No 4681/22.6T8SNT.L1-8), the application of limits under unimodal maritime conventions (Supreme Court of Justice, 15 May 2025, case No 55/16.6T8PST.L1.S1; Supreme Court of Jus - tice, 16 January 2025, case No 1637/23.5T8PTM. E1.S1; Évora Court of Appeal, 8 May 2025, case No 1363/23.5T8PTM.E1; Lisbon Court of Appeal, 26 June 2025, case No 257/23.9T8FNC.L1-6; Supreme Court of Justice, 9 July 2025, case No 913/22.9T8ABF.E1.S1; Évora Court of Appeal, 18 September. 2025, case No 2602/24.0T8PTM.E1; Oporto Court of Appeal, 22 September 2025, case No 1626/19.4T8PVZ.P1), and issues relating to the courts’ jurisdiction ratione materiae and ratione loci; • freight-forwrading contracts, including the sta - tus of the freight forwarder as carrier of goods (Oporto Court of Appeal, 10 November 2025, case No 8293/23.9T8PRT.P1), groups integrat - ing a freight forwarder and a customs broker and the duty to render accounts to the client (Oporto Court of Appeal, 12 December 2025, case No 693/24.3T8MTS.P1), breach of ancillary duties concerning the delivery of an extra-EU export certificate (Oporto Court of Appeal, 22 June 2025, case No 1916/20.3T8MAI.P1), and the short limitation period for claims against the freight forwarder and the possibility of its interruption (Oporto Court of Appeal, 23 January 2025, case No 4421/22.0T8PRT.P1); • marine cargo insurance, in particular subrogation claims by freight forwarders against cargo insurers (Lisbon Court of Appeal, 26 June 2025, case No 80/22.8TNLSB.L1-7);

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