Tag: transposition in portugal

From the Official Journal to the Diário da República: the role of correlation tables and Lei 44/2023 in the transposition of EU Law into Portuguese Law

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Pedro Petiz Viana (Master in Law and Informatics from UMinho / LL.M. in European Law from Leiden University / EU Affairs Advisor in the Portuguese Parliament)
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Under Articles 258 and 260(3) of the Treaty on the Functioning of the European Union (TFEU), and in accordance with the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), Member States have the obligation to notify the European Commission of the national measures transposing a Directive.

As affirmed by the Court of Justice of the European Union, this notification must “contain sufficiently clear and precise information on the substance of the national rules which transpose a Directive”,[1] so that the Commission is in a position to ascertain whether the Member State has genuinely and completely implemented the Directive.[2]

As stated by the Court in Commission v. Belgium, this notification may encompass a “correlation table”.[3] The European Commission, in its “Better Regulation Guidelines” also affirmed that this obligation to communicate may include the so-called “correspondence tables”.[4] [5]

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Transposition of the Damages Directive in Portugal

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 by Maria Barros Silva, Trainee Lawyer at SRS Advogados

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Directive 2014/104/EU was finally transposed into the Portuguese legal system by Law No. 23/2018 of 5 June, which regulates the right to compensation for victims of infringements to competition law. The Damages Directive was published on 26 November 2014, having a deadline for transposition on 27 December 2016. Portugal was the last Member State to transpose the Directive, almost a year and a half after the deadline, following a call from the Commission to take the necessary steps to ensure its full implementation. Hopefully, this will avoid an infringement procedure from the Commission and any possible fines.

In essence, the content of the Law corresponds to the text of the Directive, although it does go beyond it in certain aspects, with some innovative solutions.

Firstly, the scope of the Law. It applies not only to actions for damages for infringements of European Union competition law (Articles 101 and 102 TFEU, with or without parallel application of equivalent national rules), as laid down in the Directive; but also to actions for damages based on purely national infringements, with no cross-border effects (Articles 9, 11 and 12 of the Competition Law – Law no. 19/2012, of 8 May) or corresponding legal norms in other Member States. Secondly, the law applies not only to actions for damages, but also to other claims based on infringements of competition law.
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