Article 13 (1) of the Portuguese Decree-Law 57/2008 states that "[i]n the event of dispatch of goods or services that were not ordered or solicited, which does not constitute fulfillment of any valid contract, the recipient of these goods or services shall not be required to return or pay for them and shall be allowed to keep them free of charge."
Taking into account the fact that the service was never rendered and that the plaintiff was removed from the defendant's list of subscribers to the promotion, the plaintiff has no right to receive the service for free. The plaintiff may, however, demand the return of the € 5 that were deducted from his or her funds without consent.
Interpreting Art. 13 (1) of Decree-Law 57/2008 in a more expansive manner would result in an evident contractual imbalance, as the mere registration of a consumer as the beneficiary of a service or good due to computer error would mean that the consumer would be entitled to receipt of such services or goods free of charge.