ELECTRONIC SERVICE OF PROCESS AND NOTIFICATIONS BY THE PORTUGUESE COURTS

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ELECTRONIC SERVICE OF PROCESS AND NOTIFICATIONS BY THE PORTUGUESE COURTS
10/02/2024

Portuguese Parliament Law no. 38-A/2024, published on September 27, authorizes the Government to legislate on the service of process and notifications by the Portuguese Courts to establish that notifications may be made electronically.

On September 27, Law no. 38-A/2024 was published in the Portuguese Official Gazette. This law authorizes the Government to create rules on electronic service of process and notifications of individuals and legal entities, by the Portuguese Courts.

As a consequence, the Civil Procedure Code, the Insolvency and Corporate Recovery Code, the Labor Procedure Code, and the Procedural Costs Regulation will be amended.

The new regime will be applicable to individuals and legal persons differently. As regards individuals, the electronic service of process and notifications regime is dependent upon choice. However, if such a choice is made, then the service of process will be deemed as completed on the date of electronic access.

Differently, the electronic service of process and notifications of legal entities will be the default system and if email is not accessed the service of process will be deemed completed after eight days. In case of absence of an associated email address, and impossibility of electronical service, legal persons will be notified by post, and a fee will be imposed.

Legal entities not subject to mandatory registration in the central registry of the National Register will be under the same rules applicable to individuals.

Other general rules applicable to individuals and legal entities are:

· If electronic service of process is not accessed within a reasonable time, individuals and legal persons will receive a notice by post.

· Notifications will be assumed as duly received on the third day after they were sent.

The Government has 180 days to regulate the new regime.

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