Tribunal da Relação de Évora; 2024-05-23; 3147/22.9T8LLE-A.E1
Decision by national courts in the field of European Union law — ECLI:PT:TRE:2024:3147.22.9T8LLE.A.E1.54
Date: 2024-05-23
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Portugal

82024PT0523(51)_ENG_SUMJURE
JURE summary
JURE summary
Pursuant to Article 59 of the CPC (1), in addition to having jurisdiction based on nationality under Articles 2, 63 and 94, the Portuguese courts also derive international jurisdiction from European Union regulations and other international instruments. Within their specific field of application, these instruments prevail over Portuguese procedural rules, including the provisions governing international jurisdiction contained in the CPC.
One of the conventional sources of international jurisdiction of the Portuguese courts is the new Lugano Convention (2).
Under the new Lugano Convention, in matters concerning the enforcement of judgments delivered by a court of a State bound by the Convention, the competent court is that of the ‘place of enforcement‘, meaning the court of the place where the enforcement measures are to be carried out, even if the defendant is domiciled in another State bound by the Convention.
Accordingly, under the new Lugano Convention, and given that the immovable property subject to attachment is located in Portuguese territory, a Portuguese court has exclusive jurisdiction for enforcement.
(1) Código de Processo Civil (Code of Civil Procedure).
(2) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.