The Senior Associate Manuel Silva Gomes, leader of the EMS of Environmental Law and the Associate Diogo Duarte de Campos from the Oporto office were interviewed by the Environmental Magazine about the new Decree-Law nº 90/2009, from the 9th of April.
Among other problems the above referred lawyers underlined that one of the difficulties in the application of the Diploma with consist on the compatibilization between the solution now foreseen and the restrict interpretation of the Court of Justice on what concerns in-house contracts. In fact, the public enterprise that acts on behalf of the Portuguese state in the water sector is not a special public company but a normal share company whose shares are totally held by the Portuguese State. This fact might difficult eventual direct adjudications to its affiliates.