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Results: 4 Answers
Enforcement of Foreign Judgments
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Portugal
The defendant may challenge recognition and enforcement of a foreign judgment if one of the criteria set out in Article 980 of the Code of Civil Procedure is not met, as follows:

  • There is no doubt as to the authenticity of the document containing the judgment or the reasoning of the decision;
  • The judgment is considered res judicata under the law of the country in which it was rendered;
  • The jurisdiction of the foreign court was not determined by fraud and the case does not fall within the exclusive competence of the Portuguese courts;
  • The exception of lis pendens or res judicata cannot be invoked regarding a case between the same parties before a Portuguese court, unless it was the foreign court that prevented jurisdiction;
  • The defendant was properly summoned to the proceedings in accordance with the law of the country of the court of origin, and the principles of fair hearing and equality of the parties were observed;
  • Recognition of the judgment would not be manifestly incompatible with the principles of international public order of the Portuguese state.
For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
4.2
What is the limitation period for filing a challenge?
 
Portugal
Once the defendant has been summoned, it has 15 days to file a challenge. The plaintiff may reply to the challenge within 10 days.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Portugal
Not applicable, as the challenge is not independent from the recognition request, so a challenge will always precede an exequatur decision.

For more information about this answer please contact: Paulo von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL