Portuguese summary procedure bars preliminary rejection of the initial petition based on obvious lack of merit.

The Tribunal da Relação of Lisbon dismissed the appeal regarding the preliminary rejection of a summary declarative action. The plaintiff argued that the lower court erred in refusing a preliminary ruling on the merits, while the defendant maintained the initial dismissal was procedurally correct. The court held that summary procedure rules strictly prohibit the preliminary rejection of an initial petition solely because the claim appears obviously unfounded.