Tribunal da Relação de Lisboa; 2023-12-05; 45/18.4TNLSB-C.L1-7
Decision by national courts in the field of European Union law — ECLI:PT:TRL:2023:45.18.4TNLSB.C.L1.7.C2
Date: 2023-12-05
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82023PT1205(51)_ENG_SUMJURE
JURE summary
JURE summary
1. Compulsory interest is a special type of statutory interest, representing an annual interest rate that is a compulsory pecuniary sanction. It is applied automatically, without the need for judicial intervention, from the date on which the judgment becomes final (res judicata), whenever the judgment orders the payment of a sum of money. This interest is in addition to any default interest or other compensation that may be due.
2. When enforcing a pecuniary obligation, the enforcement officer must calculate compulsory interest at the conclusion of the process, in accordance with Article 716(3) of the CPC (1). This does not require a request from the plaintiff (the enforcing party), nor is it subject to any other prerequisite or condition other than a final judgment ordering the debtor to fulfil the financial obligation.
3. Given the equivalence of national and foreign judgments as enforceable titles, as expressly set out in the second sentence of Article 41(1) of the Brussels I Regulation (recast) (2), the compulsory sanction in the form of compulsory interest, as set out in Article 829-A(4) of the CC (3), applies not only to judgments delivered by Portuguese courts but also to those issued by courts of other Member States of the European Union, such as Greece.
4. Compulsory interest, as a legal sanction under Article 829-A(4) of the CC, is not subject to the priority rule established in Article 541 of the CPC. Accordingly, it is the debtor, and not the creditor (whether the enforcing party or a plaintiff), who is responsible for paying such interest.
5. Consequently, the amount corresponding to compulsory interest should not take priority over other deductions from the proceeds of the sale of seized assets. Instead, it is the responsibility of the enforcement officer to notify the debtor of the amount due after calculating the interest, to allow payment to be made within the set time limit (Article 716(3) of the CPC).
6. If such payment is not made, the court registry must electronically transmit the certificate for the calculated amount to the tax authority, in accordance with the terms defined by order of the government members responsible for finance and justice. This transmission shall include the final judgment, which constitutes an enforceable title for the specified amounts ((Article 35(2) of the RCP (4), as amended by Lei no 27/2019 (5)).
7. Until that ministerial order comes into force, the settlement certificate shall be delivered via the electronic platform of the Autoridade Tributária e Aduaneira (Portuguese Tax and Customs Authority). Alternatively, it may be submitted in physical form (Article 9 of Lei no 27/2019).
(1) Código de Processo Civil (Code of Civil Procedure).
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).
(3) Código Civil (Civil Code).
(4) Regulamento das Custas Processuais (Regulation on Court Fees).
(5) Lei no 27/2019, de 28 de março (Law No. 27/2019 of 28 March).