Acórdão nº 9321184 de Court of Appeal of Porto (Portugal), 21 de Março de 1994
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 21 de Março de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR PROC CIV.
Legislação Nacional: CPC67 ART20 N2 ART27 ART351 A ART356 ART354 N1 ART357 N1. DL 43335 DE 1960/11/16 ART37 ART51 N5. DL 99/91 DE 1991/03/02 ART27.
Sumário: I - A instalação de linha eléctrica e o consequente ónus ou encargo sobre o terreno de um particular respeitam à Rede Nacional de Transporte de Energia Eléctrica, que é um bem do domínio público do Estado, explorado, em regime de concessão de serviço público pela Electricidade de Portugal, pelo que o Estado é parte legítima no respectivo processo expropriativo. II - Mas a Electricidade de Portugal também tem interesse em contradizer, porquanto é ela quem vai suportar o pagamento da indemnização que for judicialmente fixada ( cfr. artigo 37 do Decreto-Lei n. 43335, de 16 de Novembro de 1960 ). III - Embora a intervenção do Estado...
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