Acórdão nº 1924/05.4TMSNT.L1-1 de Court of Appeal of Lisbon (Portugal), 01 de Março de 2010
| Magistrado Responsável | MARIA JOSÉ SIMÕES |
| Data da Resolução | 01 de Março de 2010 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: 1. Se numa localidade, os trespassantes começaram a exercer o comércio em estabelecimento do mesmo ramo, em local contíguo ao estabelecimento trespassado, tomando o A. conhecimento de tal facto logo no mês seguinte a ter começado a exploração do estabelecimento trespassado, fizeram-no em termos nitidamente ofensivos às normas e usos honestos da actividade económica, configurando concorrência desleal.
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De facto, se no valor do estabelecimento trespassado se entrou em linha de conta com o valor da clientela, existe, logo, à partida, uma obrigação implícita dos trespassantes de não concorrência, pois, caso contrário...
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