Tribunal da Relação de Lisboa; 2023-12-19; 2708/20.5T8MTS-A.L1-7
Decision by national courts in the field of European Union law — ECLI:PT:TRL:2023:2708.20.5T8MTS.A.L1.7.4D
Date: 2023-12-19
Subject matter: Judicial cooperation in civil matters
Origin: Portugal

82023PT1219(51)_ENG_SUMJURE
JURE summary
JURE summary
1. The basis of international jurisdiction for the Portuguese courts may be an agreement, European Union law or domestic law. The first two take precedence over the third.
2. If the case is governed by a jurisdiction based on an agreement or European Union law, and according to these sources, the Portuguese courts do not have jurisdiction, then the jurisdiction of those courts cannot be justified on the basis of domestic legal sources. Domestic rules may only be applied if no jurisdiction based on an agreement or European Union law applies to the case.
3. The Brussels I Regulation (recast) (1) applies to civil and commercial matters – a concept that must be interpreted autonomously, considering the Regulation’s objectives and system.
4. Where there is no ground for exclusive jurisdiction (either statutory or by agreement) under the Regulation, the international jurisdiction of the courts of the Member States is determined by the non-exclusive jurisdiction rules set out in the Regulation, provided that the defendant is domiciled in a Member State.
6. The Regulation does not apply to agreements that confer jurisdiction on the courts of a third State.
7. The exclusion of the jurisdiction of the courts of a Member State in favour of the courts of a third State is subject to the national law of the Member State in question, but must also comply with the exclusive jurisdiction rules set out in the Regulation. Where the defendant is domiciled in a Member State, the restrictions imposed on jurisdiction agreements relating to insurance contracts, consumer contracts, and individual employment contracts must also be respected.
8. In accordance with Article 7(1) of Lei no 35/86 (2), in conjunction with Article 62(a) and Article 71(1) of the Código de Processo Civil (3), or with Article 4(1) and Article 7(1)(a) of the Regulation referred to in point 3, an agreement to exclude the jurisdiction of the Portuguese courts in matters of international maritime law is not valid.
(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) Lei no 35/86, de 4 de Setembro (Lei do Tribunal Marítimo) [Law No 35/86 of 4 September (Maritime Court Law)].
(3) Código de Processo Civil (Code of Civil Procedure).