PORTUGAL Law and Practice Contributed by: Rita Samoreno Gomes and Petra Carreira, PLMJ
• a violation of physical or moral integrity; • an intrusion into private or family life, domi- cile, correspondence or telecommunications; or • a breach of professional or public officers’ privilege, or of state privilege. In case of refusal, the court may ask the appel- late court to assess whether the duty of secrecy should prevail or instead be waived. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief In Portugal, there are specific injunctions and general injunctions. The former are governed by specific provisions, whereas the latter are available when there are no specific injunctions appropriate to the circumstances of the case. The injunctions specifically provided for in Por- tuguese law include: • provisional restoration of possession; • suspension of corporate resolutions; • attachment of assets; • suspension of new construction; • listing of assets; • presentation of movable or immovable prop- erty; • judicial delivery of property subject to a finan- cial lease; • seizure and delivery of a vehicle; • protection of industrial property; and • injunctive relief for copyright. As a general rule, a party seeking to obtain injunctive relief has to present evidence: • of a strong prima facie, case (fumus boni juris);
• that the respondent has breached its right or is on the verge of doing so; • that such breach is likely to cause harm that is not repairable (or not easily repairable); • that there is urgency (periculum in mora); and • that the relief sought is proportionate to the detriment of the respondent. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Injunctions are urgent measures and should be decided within 15 days of the application if it is an ex parte measure, or within two months if the respondent files a response. These time limits are indicative, since there are no consequences if they are not met. Moreover, timings may vary according to the circumstances of each case and the court where the injunction was sought. However, requests for an injunction are usually decided quickly – especially in the case of an ex parte injunction. When the urgency is clear, it may be the case that the court will grant the injunction within one or two business days. There are currently no arrangements under Por- tuguese law for out-of-hours judges or similar. 6.3 Availability of Injunctive Relief on an Ex Parte Basis In principle, injunctive relief is obtained after the respondent has been granted the right to be heard, unless the applicant convinces the court that the prior hearing of the respondent will jeop- ardise the injunction. In this case, the injunction will be issued as an ex parte measure. Provisional repossession will be granted ex parte if the dispossession was the result of violence. Attachments of assets are always issued on an ex parte basis.
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