PORTUGAL Law and Practice Contributed by: Mark Kirkby, Francisca Mendes da Costa and Gonçalo Sá Gomes, Sérvulo & Associados
14.2 Public Interest Costs The nature of the case is irrelevant when assess - ing the obligation to pay court-related costs, but the following are exempt from paying costs of litigation: • any person, foundation or association when exercising the right of popular action (Article 4, No 1(b) of the RCP); • non-profit private legal persons, when acting exclusively within the scope of their special duties or to defend the interests specifically conferred on them by their statute or under the terms of legislation applicable to them (Article 4, No 1(f) of the RCP). 14.3 Wasted Costs There are no such provisions for wasted costs. However, if a party litigates in bad faith, makes a claim knowing it is false, wilfully fails to tell the truth or acts in a reckless manner, the court can order both the party concerned and its counsel to pay compensation to the opposing party (Arti - cle 542 of the CPC, ex vi, Article 1 of the CPTA). Also, the concerned party may sue their legal representative for civil responsibility. A party can appeal to the appellate court when the value of the claim is higher than EUR5,000 and the decision is unfavourable to the appeal - ing party in an amount that is more than EUR 2,500 (Article 142, No 1 of the CPTA). An appeal is always admissible, regardless of the value of the case and the success of the case, against the following decisions (Article 142, No 3 of the CPTA): 15. Appeals 15.1 Right to Appeal
• the dismissal of requests for a subpoena for the defence of rights, freedoms and guaran - tees; • decisions rendered in sanctioning matters; • decisions rendered against case law stand - ardised by the Administrative Supreme Court; and • termination of the proceedings without ruling on the merits of the case. Exceptionally, there may be an ordinary addi - tional appeal to the Administrative Supreme Court if the question at hand – due to its legal or social relevance – is of fundamental impor - tance or when the admission of the appeal is clearly necessary for a better application of the law (Article 150 of the CPTA). There may also be an extraordinary appeal to the Administrative Supreme Court to: • standardise case law, if – on the same funda - mental question of law – there is a contradic - tion between: (a) a judgment of the Central Administrative Court and another judgment previously handed down by the same or another Central Administrative Court or by the Administrative Supreme Court; and (b) between two judgments of the Adminis - trative Supreme Court (Article 152 of the CPTA); • review the sentence in light of new informa - tion or grave errors of the court procedure or sentence (Article 696 of the CPC, ex vi, Article 154 of the CPTA). Once all ordinary appeals have been exhausted, there may also be an appeal to the Constitu - tional Court, provided the applicable norms can be found to be unconstitutional (Article 280 of the CRP).
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