Tribunal da Relação do Porto; 2024-10-10; 1371/23.6T8AGD.P1
Decision by national courts in the field of European Union law — ECLI:PT:TRP:2024:1371.23.6T8AGD.P1.5A
Date: 2024-10-10
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82024PT1010(51)_ENG_SUMJURE
JURE summary
JURE summary
I. In proceedings connected, by its nature, to a legal system other than the national one, such as when the plaintiff is based in Portugal and the defendant resides in France, the determination of international jurisdiction is primarily governed by the Brussels I Regulation (recast) (1), given the primacy of European Union law over the national rules on international jurisdiction arising from Article 39 of the CPC (2), in accordance with Article 8(4) of the Constitution (3).
II. By virtue of Article 7 of the Brussels I Regulation (recast), which establishes special jurisdiction in contractual matters, a person domiciled in a Member State may be sued in another Member State in the courts for the place where the obligation in question was performed or should have been performed, which is an alternative to the general rule of jurisdiction based on the defendant's domicile, as provided in Article 4 of the Brussels I Regulation (recast).
III. In proceedings based on the alleged conclusion of a sales contract, seeking an order requiring the defendant (purchaser) to pay the price of goods sold by the plaintiff (seller) and delivered in France, where the defendant resides, international jurisdiction lies with the French courts. This follows both the general rule of jurisdiction based on the defendant’s domicile (Article 4 of the Regulation) and the special rule set out in Article 7. According to point (b) thereof, and unless an agreement to the contrary has been reached, ‘the place of performance of the obligation in question shall be, in the case of the sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered’.
IV. If the defendant participates in proceedings brought before a national court by filing a statement of defence addressing the subject matter of the claim, without raising a plea of lack of international jurisdiction, jurisdiction is conferred upon that court pursuant to Article 26(1) of the Brussels I Regulation (recast). This is deemed to be a tacit acceptance of the court’s jurisdiction, which also attributes jurisdiction on the grounds of nationality to that court, even if it did not initially have it at the time the action was brought. The decision that officially found that the Portuguese courts lacked international jurisdiction must therefore be revoked.
(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) Constituição da República Portuguesa (Constitution of the Portuguese Republic).