Commercial law - Contract - Portugal

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In this case study on commercial law - contracts, Member States were asked to advise the seller on litigation costs given the following situations:

Case A – National situation: A company supplied goods worth EUR 20 000. The seller has not been paid because the buyer considers that the goods do not conform to what had been agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth EUR 20 000 to buyer in Member State A. The contract is subject to the law of Member State B and is written in the language of Member State B. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what had been agreed. The seller decides to sue in Member State A to obtain full payment of the price specified in the contract with the buyer.


Costs of proceedings

Costs in Portugal

Cost of legal aid and other amounts reimbursed

Case study

Legal aid

Reimbursement

When and under what conditions does this apply?

When is 100 % aid provided?

Conditions?

Can the successful party obtain reimbursement of litigation costs?

If reimbursement is not 100 %, what percentage is reimbursed in general?

What costs are never reimbursed?

Are there instances when legal aid has to be reimbursed to the body granting the aid?

Case A

Profit-making legal entities are not entitled to legal aid

Yes

The costs of proceedings are not 100 % reimbursed if the successful party receives legal aid, in which case the successful party is reimbursed by the State only for court fees paid (but not for other amounts included in the costs)

Reimbursement to the State is provided for only where the beneficiary of the legal aid himself has acquired sufficient financial means during the proceedings or in the four subsequent years, or is found to have brought the action in bad faith

Case B

Profit-making legal entities are not entitled to legal aid

Yes

The costs of proceedings are not 100 % reimbursed if the successful party receives legal aid, in which case the successful party is reimbursed by the State only for court fees paid (but not for other amounts included in the costs)

Reimbursement to the State is provided for only where the beneficiary of the legal aid himself has acquired sufficient financial means during the proceedings or in the four subsequent years, or is found to have brought the action in bad faith


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Last update: 08/11/2019