Portugal is fully aligned with the sustainable development goals (SDGs) of the 2030 Agenda, namely with SDGs 12 («Sustainable Production and Consumption») and 16 («Peace, Justice and Effective Institutions»).

Within the scope of the European Union (EU), framed in the New Agreement for Consumers, proposed by the European Commission, which aimed to reinforce the application and modernization of community consumer protection legislation, Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on collective actions to protect the collective interests of consumers (Directive), which repeals Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on Injunctive actions regarding the protection of consumer interests, aim to reinforce the procedural means to protect the collective interests of consumers, ensuring a high level of consumer protection in the EU, as well as an adequate functioning of the internal market.

In effect, the Directive aims to guarantee the existence, at EU and national level, of at least one effective and efficient procedural collective action mechanism for the purpose of obtaining injunctive measures aimed at stopping, identifying or prohibiting a practice illicit act of a professional, and remedial measures, namely through compensation, reimbursement of the amount paid, price reduction, repair of the good or termination of the contract, available to consumers in all Member States.

Although Portugal already has a procedural mechanism for collective action at national level, enshrined in Law no. 83/95, of 31 August, in its current wording (Popular Action Law), which aims to protect various interests, among relating to the consumption of goods and services, the opportunity to transpose the Directive was taken to establish a specific national collective action regime to protect the rights and interests of consumers. It is therefore intended that this regime will be applicable whenever infringements of the provisions of national and EU law identified in Annex I of the Directive or in other consumer protection legislation in force in the national legal system are involved, which harm or are likely to harm the collective interests of consumers.

This decree-law establishes the regime applicable to national and transnational collective actions to protect the rights and interests of consumers, transposing Directive (EU) 2020/1828 of the European Parliament and of the Council, of 25 December, into the domestic legal order. November 2020, on collective actions to protect the collective interests of consumers (Directive), which repeals Directive 2009/22/EC, of the European Parliament and of the Council, of April 23, 2009, on injunctive actions in matters of protection of consumer interests.

This decree-law applies to national and cross-border collective actions to protect the rights and interests of consumers brought on the basis of infringements committed by professionals, including when the infringement has ceased before the collective action was initiated or before its conclusion , the provisions of national and European Union (EU) law referred to in Annex I of the Directive, which harm or are likely to harm the collective interests of consumers.

2 - This decree-law applies without prejudice to the rules of EU law or national law, which establish contractual or extra-contractual means of compensation available to consumers for the infringements referred to in the previous paragraph.