PORTUGAL Law and Practice Contributed by: Rita Samoreno Gomes and Petra Carreira, PLMJ
a communication must be sent to the trader by registered letter with acknowledgement of receipt, which must include (i) a description of the conduct that must cease or that may have caused harm to consumers, and (ii) the spe- cific consumer protection rules that have been infringed. The notice must then give the trader two weeks from receipt of the letter to stop the infringement. Thereafter, the holder of the right to bring a collective action that triggered the prior consultation procedure may apply for a prohibi- tory measure. 3.2 Statutes of Limitations The general limitation period is 20 years, includ- ing claims relating to contractual civil liability. However, there are several exceptions providing for shorter limitation periods, as follows. • The limitation period for non-contractual civil liability is three years. This limitation period begins to run when the claimant becomes aware of its right, even if the person respon- sible for the harm and the full extent of the damage is unknown. This is without prejudice to the general 20-year limitation period if the period has passed from the harmful event. If the wrongful act constitutes a crime for which the law establishes a longer statute of limita- tions, the longer period applies. • The statute of limitations is five years from the date the right can be exercised when the claim is based on rents due from tenants, interest, dividends from companies, alimonies and other periodic benefits. • There are also limitation periods of two years and six months – eg, for claims from merchants and establishments providing accommodation services against consumers, respectively.
Limitation periods will be interrupted by the judi- cial service of any act expressing an intention to exercise the right (eg, serving a claim or a judicial notice on the defendant). In this case, a new limitation period begins to run from the date of the act that caused the interruption. 3.3 Jurisdictional Requirements for a Defendant There are no specific jurisdictional requirements for a defendant to be sued in Portugal. Any person with legal personality may be a party to an action and, even without legal personality, certain entities may be parties, such as asso- ciations, civil companies, condominiums and branches. There is freedom to sue, which is different from the merits of the case. Regarding the international jurisdiction of Por- tuguese courts, Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and rec- ognition and enforcement of judgments in civil and commercial matters (Brussels Regulation (recast)) is fully applicable in Portugal. Moreover, Portuguese courts have international jurisdiction under Portuguese civil procedural law in some cases (eg, when the right claimed cannot become effective except by means of an action brought in Portugal). The above does not differ from court to court. The forum non conveniens legal doctrine does not apply in Portugal. 3.4 Initial Complaint In the initial complaint, the plaintiff must:
1153 CHAMBERS.COM
Powered by FlippingBook