Actions for consumer protection and actions for redress, for breach of competition law.
Collective actions can be brought by individuals or by representative bodies.
Collective actions are opt-out actions, save actions for redress measures in respect of consumers who do not habitually reside in Portugal, which are opt-in actions.
All forms of relief can be claimed in civil actions including injunctions, orders for redress and declaratory relief. Punitive damages are not available.
Bodies which represent consumers and fulfil specific criteria can bring actions on their behalf. These bodies can also bring cross-border actions are available if they fulfil specific criteria and obtain qualification for that purpose.
Consumer groups can advertise but law firms cannot.
There is no specific mechanism. Settlement is carried out under general laws. Settlements must be approved by the court.
Depending on the type of action all consumers may be bound unless they opt-out until a certain stage of the proceedings.
In most types of collective actions, the judge must determine the publication of the decision at the trader’s cost.
There are penalties for non-compliance with final decisions issued in respect of collective actions, but such penalties depend on the kind of measures sought and, in some cases, on the claimant’s request. .
With thanks to friends at Sérvulo & Associados. Please contact: João Carmona Dias jcd@servulo.com or Francisco Marques de Azevedo fma@servulo.com
The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.