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Newsletter Caiado Guerreiro | December

In this edition, we bring you six relevant topics.

  1. Authentic acts are just a click away
  2. Club spirit in a public Limited sports company
  3. The consequences of the defective purchase
  4. US and Europe tackle transshipment of illicit health products
  5. European Union single window for customs
  6. The physical condition of sports practitioners

We also provide several news items in which Caiado Guerreiro is highlighted.

Recognition: our team was again awarded in the Best Lawyers 2023 and Leaders League.

Finally, we share information about the three events in which we were present.

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“2023 will be a year of many economic uncertainties.”

In the Who’s Who of Business Law Practice in Portugal edition, from the Jornal Económico, João Caiado Guerreiro, managing partner of Caiado Guerreiro, was invited to share his perspective on business law practice in 2023.

For the partner, “2023 will be a year of many economic uncertainties”, highlighting in this context the “war in Ukraine, the tension between China and Taiwan, the strong increase in raw materials, together with the increase in transport and consumption costs due to the energy crisis we are experiencing”.

João Caiado Guerreiro also explains “social uncertainty”, with economic issues making individual and collective projects extremely difficult, which will limit “people’s freedom of action, all this when we are still recovering from two years isolated due to the pandemic”.

However, the firm’s managing partner believes that the “legal work will continue to provide a high-quality service, with different approaches and excellence in the increasingly close and strategic relationship with clients and partners”.

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Digital Turbine invests in Aptoide advised by Caiado Guerreiro

Digital Turbine, the leading independent mobile growth platform, has made a strategic $12 million investment in Portugal’s Aptoide, one of the largest independent Android app shops, with over 250 million users. With this deal, the two companies intend to build new and innovative distribution products for Digital Turbine’s mobile operators, Original Equipment Manufacturers (OEM) and app developer customers. 

Caiado Guerreiro’s team, composed by partners and lawyers Joana Gomes dos Santos and Ricardo Rodrigues Lopes, and the lawyer Neuza Felizardo Carreira, advised the American company in all legal issues inherent to the financing process, from the negotiation phase to the contract and final agreement.

Bill Stone, CEO of Digital Turbine, explains that “investment in Aptoide will deliver our Operators and OEM partners a more curated on-device app experience than what the current one-size-fits-all stores can deliver”, adding that “together, our technology can best serve the evolving needs of the app-store ecosystem, driving growth for app developers, operators, and OEM’s by enabling more choice for scaled distribution”.

“This was a very well-worked process by our team with solid valences in this area. This type of transaction reaffirms Caiado Guerreiro as one of the most important companies in Portugal when it comes to M&A”, explains João Caiado Guerreiro, managing partner of Caiado Guerreiro.  

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New portuguese National Health Service statute

Following the adoption of Decree-Law No. 52/2022 on August 4th, a new National Health Service (NHS) statute has come into force in Portugal, which had not occurred for almost 30 years.

In this statute, one can find the definition of the NHS, a catalogue of facilities and services, its beneficiaries’ rights and duties, and its territorial and functional organisation.

The Decree-Law in question also stipulates the following:

  • Human resources and workforce, foreseeing the creation of a full dedication regime applied progressively to doctors;
  • Financial resources, granting more autonomy to hospitals for hiring workers and for investing;
  • The involvement of the beneficiaries, municipalities and other entities in the functioning of the NHS.

That being said, creating an NHS Executive Board is one of its main innovations, which was to be defined in a separate piece of legislation, issued within a 180-day timeframe. Meanwhile, Decree-Law No. 61/2022 of September 23rd has proceeded to create the said NHS Executive Board, approving its organic structure and conferring the status of a public institute under a special regime.

To avoid submitting the NHS Executive Board to the supervisory power of the Ministry of Health, this public institute is being incorporated into the State’s indirect administration, thereby being granted its own legal personality and administrative, financial and patrimonial autonomy.

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Update of the prices of continued care units in Portugal

Order no. 272/2022 of 10 November sets out the prices of health care and social care services for those receiving treatment under the National Network of Integrated and Continued Care (RNCCI).

To guarantee the sustainability and the quality of services, the Order updates the price list applicable to inpatient units included in the RNCCI and the price list applicable to units and teams of continuous and integrated mental health care.

This update follows the provisions of Decree-Law No. 101/2006, which created the RNCCI and established a specific funding model for the services provided by its units. This Decree-Law also stipulates that the prices charged must be reviewed periodically through an Order from the Ministers of Finance, Labour, Solidarity and Social Security and Health.

That being said, Order No. 272/2022 turns out to be more than a simple price updating, establishing, additionally:

  • An extraordinary increase of 5.5% to the prices applicable to medium-term care and rehabilitation units;
  • An extraordinary increase of 15.3% to the prices applicable to long-term care and maintenance units;
  • An extraordinary increase of €25 per day of hospitalisation and per patient for treating pressure ulcers to patients referred by primary health care.
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Rapid antigen tests available in the Portuguese market

Order No. 254/2022, of 24th October, has introduced a special regime regarding rapid antigen tests (TRAg) and their availability in the Portuguese market. Such tests, used to detect Covid-19, will now be sold in supermarkets, hypermarkets and other wholesale suppliers across Portugal.

Over the last year, the pandemic has been evolving positively, with the daily number of people infected with Covid-19 decreasing as 2023 approaches.

Previously, rapid antigen tests were commercially available in pharmacies or in places selling over-the-counter medicines. Only in “exceptional and duly justified situations” could the sale of such tests in other locations.

Henceforth, tests to detect Covid-19 can be sold in supermarkets, hypermarkets and other wholesale suppliers. The sale in these locations is only conditional upon the requirements imposed by the manufacturers in the respective information leaflet and/or packaging.

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Special measures to simplify Public Procurement in Portugal

Decree-Law no. 78/2022 is the latest development in the crescent simplification of matters involving public contracts, amending Law No. 30/2021, which approved special measures for public procurement, the Public Contracts Code and Decree-Law No. 60/2018, which simplified the administrative procedures necessary for pursuing research and development activities.

Among the measures to expedite and simplify the procedures, there is, for example, a new special regime for design-construction work contracts.

In addition, the public contracting regime has been perfected, being further refined and clarified. As such, interpretation issues and doubts relating to the procedures applicable to pre-contractual matters that concern the execution of the Recovery and Resilience Programme have been addressed.

Lastly, some modifications are listed below because they relate to the European directives on public contracting (Directives 2014/23/EU, 2014/24/EU and 2014/25/EU), deserving special attention:

  • The direct adjustment procedure is now also applicable to proposals considered “unsuitable” under the directives;
  • A reference is introduced to clarify the definition of “complementary work”, following the meaning adopted by the directives;
  • The negotiation and competitive dialogue procedures are available to deal with situations resulting from “unacceptable offers” or “irregular offers” in view of the Directives.
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Best Lawyers 2023 awards Caiado Guerreiro

The 13th edition of the Best Lawyers awards highlighted and acknowledged, once again, four lawyers from Caiado Guerreiro in various practice areas:

Tiago Caiado GuerreiroTax/Tax Litigation

Ana Castro GonçalvesTax

Ricardo Costa MacedoIntellectual Property

Ricardo Rodrigues LopesLabour and Employment

Best Lawyers is a prestigious directory that annually awards distinctions to the best lawyers in each jurisdiction in their respective practice areas based on a vote by their peers.

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Caiado Guerreiro advises on purchase of Exe Essenzia Porto hotel

Caiado Guerreiro’s has advised JWP Golden Fund on the whole acquisition process, from the negotiation, contract drafting and execution of the purchase.

Caiado Guerreiro advised on the property purchase where the Exe Essenzia Porto hotel is located, assisting JWP Golden Fund in the acquisition of Exubersólido. The company owns a newly built hotel in Porto city centre, and the operation to purchase the active property covered relevant real estate, corporate and tax aspects.

The process led by Ricardo Lopes, lawyer and partner, accompanied by Zuzanna Maria Sadlowska and João Sismeiro Pereira, resulted in the legal monitoring of all issues inherent to the process, from negotiation to the acquisition agreement and respective contracts.

For João Caiado Guerreiro, managing partner of the firm, “the success of these operations results from the knowledge and experience that the Caiado Guerreiro team has acquired over decades in very demanding areas”.

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Newsletter Caiado Guerreiro | November

In this edition, we bring you six important articles:

  1. Are donations between spouses possible?
  2. What is a Digital Nomad Visa?
  3. Insolvency and special revitalization procedure: latest amendments
  4. Portugal’s new law on mental health approved
  5. Should Trademark owners respond for damages as producers?
  6. Liga Portugal, clubs and journalists

We also have the news: TÜV AUSTRIA acquires Setinsp advised by Caiado Guerreiro

About our team, Tiago Caiado Guerreiro, Ana Castro Gonçalves, Ricardo Costa Macedo e Ricardo Rodrigues Lopes, partners and lawyers of Caiado Guerreiro, were recognized in the Best Lawyers 2022 awards.

Finally, we share the three events where the Caiado Guerreiro team was present.