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ECB: Lisbon Court of Appeal confirms Ius’ request through a main popular action

On December 13, 2021, Ius Omnibus filed a popular action in the Lisbon District Court, against Apple Distribution International Limited, requesting provisional measures, in order to defend consumers residing in Portugal who have purchased products or contracted services through digital means with Apple, since July 1, 2018.

The 1st Instance Court dismissed this request, saying we could not obtain through a popular action for provisional measures, the same result we wanted through the main action, and that periculum in mora was not shown.

Ius filed an appeal. By judgment of May 24, 2022, the Lisbon Court of Appeal confirmed the view of the 1st instance court, rejecting Ius’s request for provisional measures. However, the Court clarified that Ius’s request (to ensure respect for the Electronic Complaints Book regime) would be admissible in a main popular action. Ius has several such main popular actions concerning the Electronic Complaints Book pending before the Courts: you may read more about them here.