Portugal's civil procedure rules are changing. Amendments to the Código de Processo Civil (Portuguese Civil Procedure Code) have introduced revised requirements for court filings, service of process, and the conduct of commercial litigation proceedings. For international companies currently involved in – or preparing for – litigation in Portuguese courts, these changes carry immediate practical consequences. Missing a revised deadline or filing a statement of claim in the wrong format can result in dismissal or procedural default, with no automatic right of restoration.
The 2025 amendments to Portugal's civil procedure rules affect how litigants file claims, serve documents, and pursue judgment enforcement before Portuguese courts. The changes entered into force in early 2025 and apply to new proceedings initiated after that date, with transitional provisions governing cases already underway. International companies with pending or contemplated litigation in Portugal must review their procedural calendars immediately.
This alert sets out what changed, which businesses are affected, and the specific steps that international litigants should take now.
What changed – the core procedural amendments
The amendments cover several distinct areas of civil procedure. Each affects a different stage of litigation before Portuguese courts.
Electronic filing obligations. Court filing through Portugal's electronic platform (Citius) is now mandatory for a broader category of litigants. Previously, certain foreign entities and individuals without Portuguese legal representation could file by post or in person. That option has been significantly curtailed. All commercial entities – including foreign companies with Portuguese counsel – must file their petição inicial (statement of claim) and all subsequent submissions electronically. A filing received outside the platform is treated as not filed at all.
Service of process on foreign parties. The rules governing service of process on defendants domiciled outside Portugal have been tightened. Under the revised civil procedure rules, the claimant bears a more active role in ensuring that service documentation is complete before the court proceeds. Incomplete service packages – even where the defect is minor – now trigger a mandatory correction period. Failure to correct within that period results in the claim being stayed.
Interim injunctions – new threshold requirements. Applications for an providência cautelar (interim injunction) now require a more detailed evidentiary submission at the initial stage. Courts have historically applied a relatively low threshold at the ex parte stage, granting interim injunctions on the basis of a brief factual summary. The amended rules require the applicant to present documentary evidence alongside the application, not merely a summary of facts. Applications that rely on bare assertions without supporting documents are being refused at first instance.
Judgment enforcement procedural timelines. The timeline for initiating ação executiva (enforcement proceedings) following a favourable judgment has been adjusted. Claimants who delay initiating enforcement after obtaining a judgment risk encountering revised rules on debtor-side opposition rights. Early enforcement action is now more important than before.
The Supremo Tribunal de Justiça (Supreme Court of Portugal) and the Tribunal da Relação (Court of Appeal) have both issued guidance notes on the transitional provisions. For proceedings filed before the effective date, existing procedural rules continue to govern – but only until the first major procedural step after the effective date, at which point the new rules apply automatically.
For companies with tax disputes routed through the Centro de Arbitragem Administrativa e Tributária – known as CAAD (Administrative and Tax Arbitration Centre) – the amendments to general civil procedure have limited direct effect. CAAD proceedings operate under their own arbitration rules. However, enforcement of CAAD awards through the civil courts is now subject to the revised enforcement timelines described above.
Separately, companies subject to Portuguese corporate legislation (CSC). the Código das Sociedades Comerciais. should note that certain shareholder dispute procedures that are initiated through the civil courts are now subject to the revised filing requirements. This includes challenges to board resolutions and oppression claims by minority shareholders.
For a full overview of how these changes interact with commercial dispute resolution in Portugal, see our corporate disputes practice in Portugal.
To explore how the amended rules affect arbitration-linked enforcement and cross-border litigation strategy, contact us at info@ferrazwhitmore.com.
Who is affected and what to do now
Affected categories. The amendments affect a wide range of litigants. The following business categories face the most immediate exposure:
- Foreign companies already party to Portuguese court proceedings initiated before the effective date
- International businesses preparing to initiate claims – including contract disputes, debt recovery actions, and shareholder disputes
- Companies holding Portuguese court judgments that have not yet initiated enforcement proceedings
- Parties that have filed interim injunction applications or are considering doing so
- Companies served with Portuguese proceedings as defendants who must now respond under the new timelines
Threshold criteria. The new rules apply to any commercial entity conducting proceedings before the tribunais de comarca (first-instance courts), the Tribunal da Relação, or the Supreme Court of Portugal. There is no turnover or size threshold. A single-director foreign holding company defending a contract claim in Lisbon is as much affected as a large multinational.
Immediate action items. International companies should take the following steps without delay:
- Audit all pending Portuguese proceedings to identify which procedural steps fall after the effective date and are therefore subject to the new rules
- Confirm with Portuguese counsel that electronic filing access through Citius is active and that submission credentials are current – a lapsed account causes procedural default
- Review any pending or contemplated interim injunction applications and ensure that supporting documentary evidence is compiled before filing, not after
- Accelerate enforcement action on any existing Portuguese judgments where enforcement has not yet been initiated – delays now carry greater procedural risk than before
- For cross-border litigation involving a Portuguese entity as defendant, verify that service documentation meets the expanded completeness requirements before service is attempted
Compliance deadline. There is no single compliance deadline. The amendments are already in force. Each procedural step in each active case has its own deadline under the new rules. The risk of inaction is concrete and immediate: a missed filing window or an incomplete submission does not pause proceedings. Courts proceed, and the defaulting party loses the opportunity to be heard on that point.
Companies operating across multiple European jurisdictions should also note that analogous procedural reforms are underway in other civil law systems. For cross-border litigation strategies that span Portugal and Spain, our analysis of Spanish court procedure amendments sets out the parallel developments. For litigation and arbitration support across both jurisdictions, see our litigation and arbitration practice in Portugal.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our commercial litigation practice supports international companies through every stage of Portuguese court proceedings – from pre-litigation strategy and statement of claim preparation through to judgment enforcement and cross-border recognition. We combine Portuguese civil law expertise with English common law tradition to deliver results-oriented counsel in a dual-system environment. As a law firm in Portugal with experience before the Tribunal da Relação and the Supreme Court of Portugal, we advise international entrepreneurs. Institutional investors. Additionally, in-house legal teams who need clear procedural guidance without delay. Engaging a lawyer in Portugal with cross-border litigation experience is particularly important when procedural rules are in flux and the cost of a procedural error is the loss of a substantive right. To discuss how the current amendments affect your proceedings, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.