The decision from the Coimbra Court of Appeal of the 27th of April 2004 led to an appeal to the Portuguese Supreme Court of Justice that decided the case in the same terms.

Notes:

The Portuguese Supreme Court of Justice confirmed the decision of the Coimbra Court of Appeal and considered that the Decree-law nº383/89 would only apply to situations where a product is used in a non-professional context. The court determined that such a Law is aimed at Consumer protection and does not apply to any professional intent. Thus, as the ice creams that melted were aimed to be used in commercial and professional circumstances, the damages could not be compensated.This decision matches the opinions of the majority of scholars that study this issue. Therefore, it does not question or analyses nothing new or relevant.