Electronic Summonses and Notifications to Citizens and Companies - Transitional Period Ended

But in this field too, technology is changing the way we communicate with the courts. The digital transformation of justice has brought about a new paradigm in these matters: without prejudice to the traditional model still being used in some situations, summonses and notifications to all those involved in legal proceedings will now also be made electronically by forwarding them to a reserved online area with a notice sent to the previously registered e-mail address.

This new regulation, provided for in Decree-Law 87/2024 of 7 November, after its transitional/experimental period, became mandatory in May of this year.

Thus:

• Companies and other legal persons are now always served electronically.
• Private citizens continue to receive registered letters, but can now choose to be served digitally - a faster and more centralised process.

Service on legal persons 

a) General Rule

Legal persons can now be served electronically through a digital reserved area associated with a previously registered e-mail address.

• Availability: the summons is placed in the reserved area and a notice is sent to the company's e-mail address.
• Consultation: if the company accesses this reserved area, the summons is considered to have been issued on the date of consultation.
• Lack of consultation: if there is no access by the 8th day, the summons is deemed to have been issued on that day. At the same time, a postal notice is sent to the company's head office for information purposes only.

b) Extension of the defence period

Whenever the summons is not consulted within the first 8 days, a variable extension of up to 30 days applies.

• If the summons is consulted within the following 30 days, the time limit for defence is counted from that consultation.
• If the summons is never consulted, the time limit runs from the 8th day, plus a maximum extension of 30 days.

c) Practical example:

• The summons is made available on day 1.
• A notice is sent to the recipient's registered e-mail address on that date.
• It is not consulted until the 9th.
• It is deemed to have been served on the 9th.
• If it is consulted on the 20th, the time limit for contesting is counted from the 20th.
• If it is never consulted, the deadline starts on the 9th, with an extension of up to 30 days.

d) Exception: companies without a registered e-mail address

If there is no registered e-mail address, the summons is sent by post.

• Only one registered letter with acknowledgement of receipt is sent (as opposed to the previous system which included two letters).
• The company bears the cost of this summons, which is set at 0.5 UC (€51.00).

Service on natural persons

For natural persons, service continues to be made by post, unless they opt for the electronic system.

• Adherence: the person wishing to be served electronically must first register an email address.
• How itworks: the summons is made available in the reserved area, with a notice sent to the registered e-mail address.
• Lack of consultation: if there is no access within 8 days, a postal notice is sent; if the lack of consultation extends to 30 days, it is considered refused and the summons is issued by an enforcement agent.

Notifications

Notifications now go hand in hand with the summons system. Thus, those who are summoned electronically will now be notified by the same means, with availability in the reserved area, notice by e-mail and, in the event of failure to consult, a complementary postal notice.

The system of electronic summonses and notifications, which is of the utmost practical importance for citizens and companies, is now fully in force. Ignorance of these rules can have serious consequences for those involved, which is why you need to be aware of them.

Antas da Cunha Ecija has a team that can advise on this matter

For more information, see our flash alert on Electronic Service of Process for Natural and Legal Persons here.