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Social and Economic Emergency Plan for the Algarve
PLMJ, August 2020

The Algarve has been seriously affected by the social and economic impacts of the COVID-19 pandemic. In this context, on 29 July 2020, the Portuguese Parliament published Resolution no. 51/2020 in which it recommend the adoption of a social and economic emergency plan for the Algarve (“Plano de emergência social e económico para o Algarve”) by the Portuguese Government. The recommended measures set out in Resolution no...

Taxonomy Regulation
PLMJ, June 2020

Introduction and background The “Action Plan: Financing Sustainable Growth” was published by the European Commission on 8 March 2018 and it established a financing strategy to redirect capital flows towards sustainable investment...

Coronavirus: Practical Guide to State Aid
PLMJ, June 2020

How can undertakings access state aid and under what conditions can the state grant this aid? Concept of state aid State aid is any economic or financial support granted by the state, or from state resources, that gives an undertaking a selective advantage which may affect trade between Member States. State aid is, in principle, prohibited. Therefore, it must be notified to the European Commission in order for it to decide whether it is compatible with the internal market...

Coronavirus: Changes to the Rules on Public Moratoriums on Financing
PLMJ, June 2020

Analysis of the changes to the special legal rules onthe credit and financing moratorium. Through Decree-Law 26/2020 of 16 June (“DL 26/2020”), the Government has approved, a set of amendments to the special rules onthe moratorium on financing approved by Decree-Law 10-J/2020 of26March...

Coronavirus: Impact of the Exceptional and Temporary Measures on Enforcement Proceedings
PLMJ, June 2020

Following the World Health Organization’s announcement of a public health emergency caused by COVID-19 and its declaration ofan international pandemic, the President of the Republic declared a state of emergency on 18 March and this lasted until 2 May. On 30April, theGovernment declared a situation of calamity and this was renewed on 15May and 29 May...

Coronavirus: Measures for the Tourism Sector
PLMJ, May 2020

A state of emergency was declared in Portugal by Decree of the President of the Republic 14-A/2020 of 18 March and this was renewed by Decree of the President of the Republic 20-A/2020 of 17 April. Following this declaration, exceptional and temporary measures have been adopted in relation to the COVID-19 pandemic...

Coronavirus: Startups Relief Measures
PLMJ, May 2020

Startups relief measures and measures to strengthen the position ofPortugal as a leading international technological hub.On 21 April, the Ministry of Economy and Digital Transition announced a set of relief measures specifically addressed to Portugal’s more than 2500 startups, to mitigate the impact of Covid-19 on the national entrepreneurial ecosystem...

Coronavirus: Exceptional Measures Applicable to Social Economy Entities
PLMJ, May 2020

In the context of the Covid-19 legislative process, entities representing the social economy or what is often known as the third sector have already benefited from some consideration by the legislature. Certain legal arrangements have been drawn up to identify the needs and protect against the weaknesses of this charitable / socially supportive economic cluster...

Coronavirus: CMVM - Time Limits for Money Laundering and Terrorist Financing Reports
PLMJ, May 2020

On 5 March, the CMVM published Regulation 2/2020 on the Prevention of Money Laundering and Terrorist Financing, to provide the regulations under Law 83/2017 of 18 August. The CMVM did this as the sector regulator responsible for supervising financial entities including investment companies, investment fund management companies, venturecapital companies, and securitisation companies...

Coronavirus: Measures for Manufacturers and Wholesale Distributors of Medicines
PLMJ, April 2020

INFARMED and the DGS have published a set of guidelines for manufacturers and wholesale distributors of medicinal products for human use. The aim of these guidelines is to ensure supply to the domestic market and, at the same time, to prevent the spread of Covid-19 and protect the employees of these operators...

Coronavirus: Exceptional Regime for MDs and PPE
PLMJ, April 2020

The rapid spread of the new Coronavirus (SARS-CoV-2) and the Covid-19 pandemic have led to a very significant increase in demand for medical devices (MDs) and personal protective equipment (PPE), and there was insufficient supply to meet existing needs during the state of emergency and the period that will immediately follow it...

Coronavirus: Amendment to the Exceptional and Temporary Measures with an Impact on Civil Procedure
PLMJ, April 2020

The international public health emergency due to the new Coronavirus (COVID-19) pandemic has led to the urgent and succession introduction of a range of legislative measures. These measures are an exceptional and temporary response to the pandemic in Portugal and they include the declaration of a state of emergency across the whole country that has already been extended twice...

Coronavirus: Impact on Football
PLMJ, April 2020

On 30 January 2020, the World Health Organization declared the existence of a public health emergency of international importance (PHEIC) and classified the virus SARS-CoV2 as a pandemic on 11 March 2020. Around the world, governments and organisations are seeking to introduce contingency rules to deal with the epidemic and the disease (COVID-19) caused by it.This situation has had an enormous effect on football, with the suspension of virtually all football competitions across the globe...

Coronavirus: Rent Moratoriums and Suspension of Agreements
PLMJ, April 2020

On 11 March 2020, the World Health Organization declared a public health emergency of international concern (PHEIC) following the spread of SARS-CoV2 (Coronavirus) and the disease it causes, Covid-19.A state of emergency was declared in Portugal by Decree of the President of the Republic 14- A/2020 of 18 March and was renewed by Decree of the President of the Republic 17-A/2020 of 2 April...

Coronavirus: Changes to Clinical Trials
PLMJ, April 2020

INFARMED has published a set of exceptional measures – which will remain in force during the period of risk to public health – to be adopted by sponsors, clinical trial sites, and research teams, to guarantee the safety, protection and rights of clinical trial subjects.It has also defined INFARMED’s evaluation of trials intended to treat or prevent the new Coronavirus disease (SARS-CoV-2) as a priority...

Coronavirus: Resolving Disputes as Quickly and Efficiently
PLMJ, April 2020

We are facing the growing and exponential spread of COVID-19 and a state of emergency was recently declared in Portugal. As a result, it is important to assess what impact this situation may have on the ability of businesses to meet the obligations they have assumed under the contracts they have made. The current situation is generating tensions in contractual relationships between companies...

Coronavirus: Impact on Works Contracts
PLMJ, April 2020

We are facing a Coronavirus (Covid-19) pandemic and, as a result, administrative solutions have been adopted and a state of emergency has been declared. All this has had an impact on the whole of the economy and it has also had serious adverse effects on works contracts in progress...

Coronavirus: Impact on Lease Agreements and Store Use Agreements
PLMJ, April 2020

On 11 March 2020, the World Health Organization declared a public health emergency of international concern (PHEIC) following the spread of SARS-CoV2 (Coronavirus) and disease it causes, Covid-19. Subsequently, on 18 March 2020, a state of emergency was declared in Portugal. Against this background, a legislative package has been approved and published, and this package has established exceptional and temporary measures relating to the spread of COVID-19...

Coronavirus: Impact on the Operation of Pharmacies
PLMJ, March 2020

Faced with the COVID-19 pandemic, the Portuguese National Authority for Medicines and Healthcare Products (“INFARMED”) and the Directorate-General for Health (“DGS”) have issued guidelines for pharmacies. These guidelines address, in particular, the way pharmacies operate and manage medicines...

Coronavirus: Impact on Insurance
PLMJ, March 2020

The Coronavirus, COVID-19 has raised numerous important legal issues. However, one issue has assumed an even higher profile with the recent classification of the virus as a pandemic. This is the question of what claims can be made under the different insurance products on the market to cope with the losses, whether direct or indirect, that Portuguese businesses have been facing...

Coronavirus: Exceptional and Temporary Measures Applicable to Court
PLMJ, March 2020

The international public health emergency caused by the Coronavirus (COVID-19) was declared a pandemic by the World Health Organization and the Portuguese authorities recently announced of a state of emergency across the country. Against this background, the authorities have been approving various packages of exceptional and temporary measures to respond to the spread of the virus...

Coronavirus: Impact on Intellectual Property
PLMJ, March 2020

In some areas, intellectual property will experience a period of slowdown in activity, at least in the near future. We look at this in more detail below. However, this does not mean mandatory registration of industrial property will come to a halt because, with many bodies, including the Portuguese INPI (National Institute of Industrial Property), registration is done online...

Coronavirus: Impacts on Energy Licensing and the Energy Market
PLMJ, March 2020

A global public health emergency was declared by the World Health Organization on 30 January 2020 as a result of the spread of the new virus COVID-19. The virus was later classified as a pandemic on 11 March 2020. As a result, it is important guard against any negative impact of the events relating to COVID-19 on ongoing energy licensing processes and on the energy market as a whole, particularly in the light of Decree-Law 172/2006 of23 August (“DL 172/2006”)...

Coronavirus: Moratorium on Financing Agreements
PLMJ, March 2020

In the context of the COVID-19 pandemic, the Portuguese Government approved Decree-Law no. 10-J/2020, of 26 March (the"Decree-Law") which establishes a moratorium on certain financing agreements with a view to protect the liquidity of companies and families. 1...

Coronavirus: Buying and Selling Property in Times of Social Distancing
PLMJ, March 2020

There is expected to be a natural slowdown in the completion of real estate transactions in the coming weeks/months. The more immediate effects of the current situation, and of the administrative measures that continue to be adopted to control the pandemic, are especially reflected in relationships that have already been established...

Coronavirus: Impact on Town Planning Procedures
PLMJ, March 2020

In this context, general measures have been established that may have an impact on planning procedures that are underway and on town planning management decisions already issued...

Coronavirus: Impact on Intellectual Property
PLMJ, March 2020

In some areas, intellectual property will experience a period of slowdown in activity, at least in the near future. We look at this in more detail below. However, this does not mean mandatory registration of industrial property will come to a halt because, with many bodies, including the Portuguese INPI (National Institute of Industrial Property), registration is done online...

Coronavirus: Measures to Support businesses
PLMJ, March 2020

In the fight against the Covid-19 pandemic, the scale of measures to protect public health and their consequences are starting to be felt by businesses and, in particular, they are suffering from strains on cash flow. As a result, on Wednesday, 18 March, the Portuguese Government approved and presented a package of economic measures to support companies...

Coronavirus: The New Temporary Framework for State Aid
PLMJ, March 2020

This new framework will remain in force until 31December 2020 and it allows Member States to provide: a) Aid in the form of direct grants, selective tax advantages and repayable advance payments, up to EUR 800,000 per company, to companies in most economic sectors to meet their urgent liquidity needs; b) State guarantees for loans taken out by companies from banks and the framework defines, among other possibilities, minimum guarantee premiums for this purpose; TYPE OF BENEFICIARY MARG

Coronavirus: CMVM Recommendations for Holding General Meetings
PLMJ, March 2020

On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus is now to guarantee the safety of workers and employees. However, the potential repercussions for the activities of companies – in the short and medium term – are vast, complex and, in certain cases, they conflict with each other. PLMJ has created a multidisciplinary team dedicated to analysing the problems facing businesses...

Coronavirus: Impact on Debt Issuances
PLMJ, March 2020

At a time when there is a huge reduction in their income, companies will have to cope with enormous pressures on their liquidity. In this context, bond issuances should continue to be a growing way for companies to obtain finance, in particular, in the case of assets eligible under the European Central Bank’s (ECB) purchasing programmes...

Coronavírus: Implications for State Aid and Competition
PLMJ, March 2020

Therefore, we expect that, in the coming days, weeks and months, the number of notifications to the European Commission in the field of state aid will see a significant increase. Indeed, the Commission has already relaxed the rules currently in force by introducing a new temporary framework for state aid measures to support the economy in the current COVID-19 outbreak...

Coronavirus: Impact on Financing Agreements
PLMJ, March 2020

The business financing sector is among those that could suffer the greatest impact due to the economic crisis that is expected to be the inevitable result of the global COVID-19 pandemic. In fact, the paralysis of economic activities will undoubtedly have a negative impact on the liquidity of companies that have to make regular payments under financing agreements. These liquidity problems will seriously harm the ability of companies to meet their obligations on time...

Coronavirus: Essential Public Services
PLMJ, March 2020

Order 3547-A/2020 of the Office of the Minister for the Environment and Climate Action was published on 22 March 2020 and it went into force at midnight the next day. This Order creates the rules that give effect to the declaration of a state of emergency in Portugal made by Decree of the President of the Republic 14-A/2020 of 18 March...

Coronavirus: Law 1-A/2020 and the Exceptional Rules on Public Procurement
PLMJ, March 2020

Decree-Law 10-A/2020 of 13 March created exceptional public procurement rules on spending authorisations and administrative authorisations. These rules are intended to ensure the immediate availability of the goods and services needed to respond to the current state of emergency. However, under article 7(6)(c) of Law 1-A/2020 of 19 March, it seems that all administrative time limits in favour of private parties are suspended...

Coronavirus: Extraordinary Measures in the Energy Sector
PLMJ, March 2020

On 17 March, the Energy Services Regulator (“ERSE”) approved Regulation 255-A/2020 and it was published in the official gazette, Diário da República, on 18 March 2020...

Coronavirus: Impact on Debt Issuances
PLMJ, March 2020

The public health emergency caused by the international COVID-19 pandemic (“COVID-19”) has made it necessary to adopt a range of measures to contain this disease and these measures are having profound economic and financial effects. At a time when there is a huge reduction in their income, companies will have to cope with enormous pressures on their liquidity...

Coronavirus: Restructuring and Insolvency
PLMJ, March 2020

The main doubts of company directors about the consequences ofthe current Covid-19 pandemic in relation to insolvency, the PER, and the RERE.   As a result of the spread of the Covid-19 virus, the World Health Organization declared a public health emergency of international concern (PHEIC) on 30 January 2020 and a pandemic on 11 March 2020...

Coronavirus: Tax Impacts
PLMJ, March 2020

To mitigate the economic impact of the Coronavirus (COVID-19) pandemic, certain extraordinary measures have been taken in the field of taxation. The aim of these measures is to ensure the cash flows of companies and to allow some flexibility in complying with tax obligations and in the payment of taxes by companies and individuals...

Coronavirus: Simplified Layoff
PLMJ, March 2020

Assistance to maintain employment contracts in companies facing a proven business crisis. Ministerial Order 71-A/2020 of 15 March defines and regulates the terms and conditions to award immediate assistance for employers and employees affected by the outbreak of the COVID-19 virus. The assistance is intended to maintain jobs and to mitigate the extreme difficulties that many businesses are now facing. Thishelp isextraordinary, temporary and transitional in nature...

Coronavirus: Consequences of the Declaration of a State of Alert on Public Procurement
PLMJ, March 2020

The state of alert was declared by the Minister of Internal Administration and the Minister of Health on 13 March. With this declaration and the set of measures adopted, we need to look at the possible impact of these circumstances on ongoing tender procedures and on the performance of existing public contracts. 1...

Coronavirus: Management of Human Resources in Employment Relationships
PLMJ, March 2020

With Decree-Law 10-A/2020 of 13 March, the Government has introduced a broad set of exceptional and temporary measures on preventive isolation (often referred to as “quarantine”), social protection for those affected by the disease, absence from work due to the closure of educational establishments, and the arrangements for home working...

Coronavirus: The Duty to Inform the Market
PLMJ, March 2020

Privileged information and financial reporting The rapid spread of COVID-19 (Coronavirus) throughout the world and the impact of administrative measures to contain it represent a growing challenge for the management of companies.   On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus now is to guarantee the safety of workers and employees...

Coronavirus: Managing the Risk of Breach of Contract
PLMJ, March 2020

The rapid spread of COVID-19 (Coronavirus) throughout the world and the impact of administrative measures to contain it represent a growing challenge for the management of companies. On 11 March 2020, the World Health Organization declared the existence of a pandemic. The main focus is now to guarantee the safety of workers and employees...

Coronavirus: Employment Impacts
PLMJ, March 2020

First, we recommend that, in conjunction with their occupational health professionals, companies should define a plan to react to the various scenarios they may face...

Coronavírus: Social Protection Measures Adopted Following the Risk of Infection by the COVID-19 Virus
PLMJ, March 2020

The Government has approved Order 2875-A/2020 which provides for a set of actions to plan and coordinate resources to minimise the economic and social impacts of the epidemic. This Order sets out the rules regarding the disease that apply to workers who are ordered into the situation commonly known as quarantine as a result of the risk of infection with the COVID-19 virus...

 

 

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