Supremo Tribunal de Justiça; 2024-07-09; 1132.23.2T8OER.A.L1.A.CD
Decision by national courts in the field of European Union law — ECLI:PT:STJ:2024:1132.23.2T8OER.A.L1.A.CD
Date: 2024-07-09
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82024PT0709(51)_ENG_SUMJURE
JURE summary
JURE summary
I. The Brussels I Regulation (recast) (1) takes precedence over the general rules on international jurisdiction set out in the CPC (2) and is directly applicable within the domestic legal order.
II. As a general rule, the Brussels I Regulation (recast) establishes jurisdiction based on the defendant’s domicile in a Member State of the European Union, regardless of the parties’ nationality or other connecting factors of the particular case (Article 4(1)).
III. Article 25 of the Brussels I Regulation (recast) allows the parties to designate, by agreement, the jurisdiction of a court of a Member State other than that of the ‘domicile’ of the parties (even if they do not reside or have their registered office in the European Union) to resolve disputes that have arisen or may arise from a specific legal relationship. Such a jurisdiction clause takes precedence over domestic legal provisions, in particular Article 59 (where applicable) and Article 94 of the CPC.
IV. Article 25 does not apply to the parties to the dispute if the defendant is a ‘permanent representation’ in Portugal [with legal standing under Article 4(1) of the CSC (3) and Article 13(1) of the CPC] of a foreign company. This is particularly the case if that permanent representation is not a party involved in the conclusion of a purchase and sale contract made on a digital trading platform (to which any jurisdictional clause may relate) and is being sued for acts carried out in the performance or execution of a contract concluded on such platforms (in addition potentially being invalid).
V. If there is a relevant foreign element due to the fact that the defendant is the ‘permanent representation’ in Portugal of a foreign company established within the European Union (with its registered office located outside Portugal), and given that the nationality of the parent company is considered for the purposes of the defendant’s activities in Portugal, the applicable provision for determining the international jurisdiction of Portuguese courts is Article 4(1) of the Brussels I Regulation (recast). As the seat of the defendant’s ‘permanent representation’ in Portugal constitutes its domicile, the Portuguese court has international jurisdiction.
(1) 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).
(2) Código de Processo Civil (Code of Civil Procedure).
(3) Código Sociedades Comerciais (Commercial Companies Code).