Acórdão nº 0004134 de Supremo Tribunal Administrativo (Portugal), 10 de Janeiro de 1996 (caso None)
Data | 10 Janeiro 1996 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC TRAB.
Legislação Nacional: CPC67 ART158 ART201. CPT81 ART94 N1.
Sumário: I - Tendo o Exequente nomeado à penhora - entre outros bens pertencentes à Executada, J. Guedes, Construtores, Limitada - os créditos que a Executada tiver a receber da EPUL - Empresa Pública de Urbanização de Lisboa, pela obra de recuperação do Palácio dos Aboim, e tendo sido tais créditos declarados penhorados, por despacho do M. Juiz, de fls. 10, de 1995/02/03, a EPUL veio informar o Tribunal de que, em 1992/08/31, a Executada lhe solicitou prévia autorização para efectuar o trespasse da empreitada n. 17 (o que a EPUL concedeu em 1993/03/17), pelo que, no momento presente, a Executada não possui qualquer crédito sobre a EPUL, visto os créditos existentes se referirem actualmente a GUEDES / RECRIA A.C.E. - Empreiteiros de Obras Públicas, ACE. II - Após anulação de todo o processado posterior ao despacho que ordenou a penhora - satisfazendo pretensão da Executada nesse sentido -, a M. Juiza ordenou a notificação da Executada para, querendo, usar das faculdades concedidas pelo n. 2 do art. 94 do CPT. III - Uma vez transitado o despacho referido em 2, e tendo o Agrupamento Complementar de Empresas Guedes / Recria vindo requerer, a fls. 31 dos autos, em 1995/04/19, que a EPUL fosse informada de que pode entregar ao ora Requerente (Guedes / Recria-ACE) o crédito que aquela...
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