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Portugal

Author: Rafael Vale e Reis - Miguel Mesquita, supervisor

V. Case law

A. Table

Year

Court

Subject

Keywords

1998- 2003

Civil court

Case "Dulce Pontes Bizet's Carmen"

Consumer law

2002- 2010

Civil court (Supreme Court of Justice)

Case "Opening School"

Consumer law

2006

Civil court

Case "broken water meters"

Consumer law

2013 (pending)

Administrative Court

Case "Digital terrestrial television (DTTV)"

Consumer law

B. Summaries

1. Case 'Dulce Pontes Bizet's Carmen'

In 1998, several 'outdoors' and newspapers publicized the show "Bizet's Carmen," with singer Dulce Pontes main interpreter to act in a rotating stage at Campo Pequeno in Lisbon. The show ended up being performed by the London Philharmonic Orchestra, who played some excerpts from opera, in a stage was not rotating.

Hundreds of spectators found themselves defrauded when. After the refusal of the promoter of the show to return the money from tickets, the Court gave reason to the claimant, DECO (Portuguese Association for Consumer Protection).

After 'res judicata' (in 2006), consumers should to Portugal Meydis Advertising Direct a registered letter and a copy of the ticket for refund.

Keywords: Consumer law

2. Case 'Opening School'

In 2002, DECO has received numerous complaints from consumers who faced the closure of Opening School (School of English), teaching in various parts of the country, leaving about 1,200 students without the possibility to continue their studies.

When registering, Opening School, had a contract with two payment options: immediate or by entering into a contract of consumer credit (provided by BBVA Finanziamento) which, when executed, remained in force despite the closure of this school.

In 2010, the Supreme Court of Justice (STJ) gave reason to DECO ruling against Opening Scholl and BBVA Finanziamento and determining these institutions to reimburse consumers.

It was not necessary to reinforce the decision due to a settlement agreement between DECO, Opening Scholl and BBVA Finanziamento.

DECO provided templates of letters for consumers to claim refund.

Keywords: Consumer law

3. Case 'broken water meters'

Refund of cost of repairing broken water meters. DECO (Portuguese Association for Consumer Protection) is the claimant.

Keywords: Consumer law

4. Case 'Digital Terrestrial Television (DTTV)'

DECO enacted in Lisbon Administrative Court an action against ANACOM - National Communications Authority, due to damage caused to consumers by failures in the process of transition from analog television signal for Digital Terrestrial Television (DTTV).

Damage arising from the fact that ANACOM has not fulfilled the duties he was responsible in planning, monitoring and overseeing the implementation of DTTV to ensure the continuity of the television signal.

DECO petitioned a global amount of 42 million euros to compensate consumers affected.

Keywords: Consumer law

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