15.05.2020
Practice Areas: Corporate and M&A
Industries: Fashion, Luxury & Lifestyle, Shopping Centres & Retail Parks, Digital Economy, Retail & Distribution
Type: Covid 19 Helpdesk
COVID-19 | Exceptional and temporary regime for the commercial practices in Portugal
Due to the urgent measures adopted by the Portuguese Government to contain the spread of COVID-19 disease, many commercial establishments, whether retail sales or provision of services, had to be closed or their activities suspended, within the scope of the strategy to contain the pandemic situation caused by COVID-19 disease.
For that reason, it therefore appears necessary to introduce solutions that allow commercial establishments to ensure the outflow of its product, namely, through to a transitional system of modification of the commercial practices regime with price reduction, creating opportunities for sales or provision of services to the economic operators and new opportunities for the purchase and sale of goods and services to the consumers.
Therefore, on May 12, 2020, the Decree-Law no.20-E/2020 was published, which establishes an exceptional and temporary regime for the following commercial practices with price reduction in order to outflow its product:
- Retail sales carried out in commercial establishments;
- The provision of services, with the necessary adaptations;
- Retail sales made at a distance, or doorstep sales, or by other methods outside the establishments, with the necessary adaptations.
The aforementioned Decree-Law foresee that the sales with reduced prices made during the months of May and June of 2020 will not be considered for the purposes of accounting for the maximum sales with reduced prices limit of 124 days per year, as provided for in article 10, no. 1, of Decree-Law no. 70/2007, of 26 March, in its current wording.
As a result, the economic operator that intends to initiate the sales with reduced prices during the mentioned months of May and June of 2020, will be exempted from issuing, for this period, the declaration, provided for in article 10, no. 5, of the Decree-Law no. 70/2007, of March 26, in its current wording, addressed to the Portuguese Authority for Economic and Food Safety (ASAE).
This Decree-Law shall come into force on the day after publication and shall remain in force until December 31, 2020
