Portugal, Lisbon Court of Appeal, Decision of 6th October 2016
Member State
Portugal
Topic
Rule of Law, prohibition of arbitrariness
Deciding Court Original Language
Tribunal da Relação de Lisboa
Deciding Court English translation
Lisbon Court of Appeal
Registration N
5533-03.4TBALM.L2-2
Date Decision
16th October 2016
ECLI (if available)
PT:TRL:2016:5533.03.4TBALM.L2.2.16
National Follow Up Of (when relevant)
Not applicable
EU legal sources and CJEU jurisprudence
Not applicable
ECtHR Jurisprudence
Not applicable
Subject Matter
Judge's discretion - arbitrariness- prohibition of arbitrariness
Legal issue(s)
When the law refers to the "prudent arbitration of the judge", it is necessary to know what are its limits.
Request for expedited/PPU procedures
Not applicable
Interim Relief
Not applicable
National Law Sources
Article 943 (2) of the Portuguese Civil Procedure Code
Facts of the case
Following legal representation the applicant considered that the total amount charged was exorbitant.
At the date of the judgment, the Civil Procedure Code established, in Article 943, paragraph 2, that the judge, whenever he has to decide on a question of this nature, must decide it according to his "prudent will/discretion"
Reasoning (role of the Charter or other EU, ECHR related legal basis)
This decision is important insofar as it clarifies what this means: namely, the “prudent discretion of the judge” does not refer to the exercise of a discretionary/arbitrary power, but rather, the judge is given latitudinarian power within the standards of reasonability.
Relation of the case to the EU Charter
Not applicable
Relation between the EU Charter and ECHR
Not applicable
Use of Judicial Interaction technique(s)
Not applicable
Horizontal Judicial Interaction patterns (Internal – with other national courts, and external – with foreign courts)
Not applicable
Vertical Judicial Interaction patterns (Internal – with other superior national courts, and external – with European supranational courts)
The appellants filed an appeal to the Constitutional Court; the Court denied the appeal.
Strategic use of judicial interaction technique (purpose aimed by the national court)
Not applicable
Impact on Legislation / Policy
Not applicable
Notes on the national implementation of the preliminary ruling by the referring court
Not applicable
Impact on national case law from the same Member State or other Member States
Not applicable
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