Acórdão nº 9004/08-6 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
Magistrado Responsável | MÁRCIA PORTELA |
Data da Resolução | 01 de Março de 2010 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: CONFIRMADA A DECISÃO Sumário: 1. Constitui entendimento corrente da doutrina e da jurisprudência que a competência do tribunal, como pressuposto processual que é, determina-se pelos termos em o autor estruturou o pedido e a causa de pedir.
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Estando em causa um litígio transnacional, em que pelo menos uma das partes está domiciliada num Estado Membro da CE, aplica-se o Regulamento (CE) 44/2001, em vigor desde 2002.03.01, por força do princípio do primado do direito comunitário sobre o direito interno.
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O artigo 23º do Regulamento (CE) 44/2001 é menos exigente que o artigo 99º CPC, designadamente por não se exigir que a atribuição de jurisdição seja justificada por um interesse sério de ambas as partes ou de uma delas, e não envolva inconveniente grave para a outra (nº 3).
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E não é necessário que o litígio tenha qualquer conexão com o país em que se localiza o foro eleito, bastando que uma das partes esteja domiciliada num Estado Membro da CE.
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A designação atribuída pelas partes ao contrato não é decisiva, já que o tribunal não está vinculado ao nomen...
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