Tag: portuguese supreme court

Portuguese Supreme Court’s Decision n. º 268/13.2YHLSB.L1.S1 in relation to CJEU case C-683/17: portraying the empirical importance of preliminary rulings

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Sandra Fernandes  (Master Student in Judicial Law, School of Law, University of Minho)
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On the 15th of January 2020, the Portuguese Supreme Court issued a decision concerning a dispute on copyright relating to clothing designs.

The process began in August 2013 with an action brought before a Portuguese court of first instance by G-Star Raw, against Cofemel, requesting the latter to be ordered to cease several acts constituting infringement of the former’s copyright and unfair competition. G-Star Raw further requested compensation for the harm suffered in consequence of such acts taken by Cofemel, by means of a penalty payment. Specifically, G-Star Raw argued that some designs of jeans, sweatshirts and t-shirts manufactured by Cofemel were comparable to some of their own designs in a way that violated copyright, given that those designs constituted original intellectual creations and, as such, ought to be classified and protected as ‘works of art’. This status would place G-Star Raw’s creations under protection of article 2 of Portuguese Code on Copyright and Related Rights.

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The “speciality” of Social Rights: guarantees of public employment in the Portuguese Constitution before European Union Law

On By officialblogunioIn EssaysLeave a comment 
by Ricardo Sousa da Cunha, PhD (JUSGOV/UMinho, ESG/IPCA)
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The Constitution of the Portuguese Republic (CRP) enshrines in article 47.º, n.º 2 a guarantee of public employment after a public tender that has been challenged in the application of European Union Law by the domestic courts.

This constitutional guarantee was the basis for the decision of the Constitutional Court n.º 368/00, of 11 July 2000, which upheld the challenges on the constitutionality of legal provisions (art. 10.º, n.º 2 of Law n.º 23/2004, of 22 June, and art. 14 of DL n.º 427/89, of 7 December) determining the nullity of labor contracts of public entities with civil servants that had not been selected by a public tender. The basis for this decision was the fulfilment of the constitutional principle of equal sharing of public benefits and costs as a consequence of the principle of the rule of law.

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