Acórdão nº 00215/11.6BEMDL de Tribunal Central Administrativo Norte, 02 de Julho de 2021
Magistrado Responsável | Helena Canelas |
Data da Resolução | 02 de Julho de 2021 |
Emissor | Tribunal Central Administrativo Norte |
Acordam em conferência na Secção de Contencioso Administrativo do Tribunal Central Administrativo Norte: I. RELATÓRIO O MUNICÍPIO (...) (devidamente identificado nos autos) réu na ação administrativa comum que contra si foi instaurada no Tribunal Administrativo e Fiscal de Mirandela pela sociedade R., LDA.
(igualmente devidamente identificada nos autos) inconformado com a sentença de 19/11/2020 (fls. 436 SITAF), retificada pelo despacho de 11/12/2020 (fls. 495 SITAF), que julgando parcialmente procedente a ação condenou o réu a pagar à autora a quantia de 146.463,03€, acrescida de juros de mora vencidos e vincendos, à taxa dos juros comerciais, desde 02/06/2011 até integral pagamento, computando os juros vencidos à data em 100.954,96 €, dela interpôs o presente recurso de apelação (fls. 506 SITAF), formulando as seguintes conclusões, nos seguintes termos: 1ª O presente recurso tem por objecto a d. Sentença proferida nos autos supra id., através da qual o Tribunal a quo decidiu julgar a acção parcialmente procedente condenando o recorrente a pagar à recorrida “ a quantia de € 146.463,03 (cento e quarenta e seis mil quatrocentos e sessenta e três euros e três cêntimos), acrescida de juros de mora vencidos e vincendos, à taxa dos juros comerciais, desde a data de 2.6.2011 até integral pagamento, ascendendo nesta data (18.11.2020) os vencidos, a € 100.954,96 (cem mil novecentos e cinquenta e quatro euros e noventa e seis cêntimos) “.
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Com o devido respeito, a d. Decisão recorrida não é tida pelo recorrente como uma “decisão justa “, daí o seu inconformismo com a Mesma, que contende directamente com a decisão da matéria de facto, a qual por esta via também se impugna nos termos do artº 640 do CPC ex vi artº 1 do CPTA.
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E isto porque, impunha-se a procedência...
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