Tribunal da Relação de Guimarães; 2024-05-23; 40855/23.9YIPRT.G
Decision by national courts in the field of European Union law — ECLI:PT:TRG:2024:40855.23.9YIPRT.G1.95
Date: 2024-05-23
Subject matter: Judicial cooperation in civil matters;Lugano Convention
Origin: Portugal

82024PT0523(52)_ENG_SUMJURE
JURE summary
JURE summary
I. Procedural law establishes the factors on which the international jurisdiction of courts depends. The jurisdiction is determined when the action is brought, and subsequent factual changes are irrelevant, except in cases expressly provided for by law. Therefore, it is necessary to ascertain whether the situation in question falls within the scope of any European Union regulation or other international instrument to which the Portuguese State is bound, in which case the relevant provisions shall prevail in determining the criteria for international jurisdiction.
II In the context of contractual relations arising from a sale contract concluded between persons domiciled in States bound by the new Lugano Convention (1), Article 5(1)(a), (b) and (c) of the new Lugano Convention provides a special connection for determining international jurisdiction in the absence of an agreement to the contrary: the place of performance of the obligation in question. This corresponds to the place ‘where, under the contract, the goods were delivered or should have been delivered’, with the moment at which the buyer acquires the power to dispose of the goods effectively being relevant for this purpose.
III. If, given the subject matter of the action as formulated by the plaintiff (domiciled in Portugal), the obligation was performed in Portugal — the place where the goods were or should have been delivered directly to the defendant (domiciled in Swiss territory) against prior payment of the corresponding invoices, as allegedly agreed between the parties — and if nothing has been alleged to substantiate any contrary agreement as to the place of performance of the obligation, then the defendant could be sued by the plaintiff in Portugal. This is because the international jurisdiction of the Portuguese courts is determined by the terms in which the plaintiff formulated the disputed legal relationship.
(1) Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.