PORTUGAL Law and Practice Contributed by: Rita Samoreno Gomes and Petra Carreira, PLMJ
10.2 Rules Concerning Appeals of Judgments The appeal is filed with the court that issued the judgment, and this court decides whether the appeal is accepted or not. If it is accepted, the case is sent to the higher court. Certain court decisions, such as decisions regarding the jurisdiction of Portuguese courts, early dismissal of the claim or judgments issued against standardised Supreme Court case law, are always subject to at least one level of appeal, regardless of the value of the claim and of the unfavourable decision. Appeals may not be brought against certain decisions, such as case management decisions, unless they conflict with the equality of arms, the adversarial principle, the establishment of facts or the admissibility of evidence. In principle, a judgment rendered by a court of first instance that is upheld by an appellate court on similar grounds and without a dissent- ing vote cannot be appealed to the Supreme Court of Justice, unless it conflicts with a res judicata judgment from an appellate court or the Supreme Court of Justice within the same legis- lation and the same matter of law. An appeal may also be brought against a deci- sion rendered by an appellate court when it con- cerns a matter of legal relevance that is neces- sary for better application of the law, or when it concerns interests of social relevance. 10.3 Procedure for Taking an Appeal The time limit for lodging an appeal against a decision rendered by a court of first instance is usually 30 days from notification of the decision but is reduced to 15 days in certain cases (eg,
urgent proceedings, such as injunction or insol- vency). These periods are extended by a further ten days if the appeal relates to the review of the facts as established by the court of first instance and involves a review of the recorded evidence. The time limit for lodging an appeal against a decision issued by an appellate court is also 30 days from notification of the decision but is reduced to 15 days in certain cases. The time limit for the opposing party to respond to an appeal is the same as the one within which the appellant party may lodge an appeal. 10.4 Issues Considered by the Appeal Court at an Appeal The appellate courts can review the decisions of the courts of first instance in matters of both fact and law. The Supreme Court of Justice has jurisdiction to review decisions rendered by the appellate courts in matters of law. In both cases, the courts decide only on the matters addressed in the statement of appeal, and these matters define the scope of the appeal and the review of the judgment on appeal. 10.5 Court-Imposed Conditions on Granting an Appeal Portuguese law does not provide that the court can impose any conditions on granting an appeal. 10.6 Powers of the Appellate Court After an Appeal Hearing After hearing an appeal, the appellate court may uphold the appealed decision or overturn it, in whole or in part.
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