Acórdão (extrato) n.º 674/2016
| Data de publicação | 20 Julho 2017 |
| Seção | Parte D - Tribunais e Ministério Público |
| Órgão | Tribunal Constitucional |
Acórdão (extrato) n.º 674/2016
Processo n.º 206/16
III. Decisão
Termos em que se decide:
a) Julgar inconstitucional a norma que estabelece que a impugnação judicial de decisões da Autoridade da Concorrência que apliquem coima tem, em regra, efeito devolutivo, apenas lhe podendo ser atribuído efeito suspensivo quando a execução da decisão cause ao visado prejuízo considerável e este preste caução, em sua substituição, no prazo fixado pelo tribunal, independentemente da sua disponibilidade económica, interpretativamente extraível dos n.os 4 e 5 do artigo 84.º da Lei n.º 19/2012, de 8 de maio.
b) Em consequência, negar provimento ao recurso.
Custas pela recorrente Autoridade da Concorrência, fixando-se a taxa de justiça em 25 unidades de conta.
Lisboa, 13 de dezembro de 2016. - Maria de Fátima Mata-Mouros - Cláudio Monteiro - João Pedro Caupers (vencido nos termos da declaração em anexo) - Teles Pereira (vencido conforme declaração que junto) -...
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