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ABOUT THE LIFTING OF THE SUSPENSION OF PROCEDURAL, SUBSTANTIVE AND ADMINISTRATIVE DEADLINES STABLISHED BY THE DECLARATION OF THE STATE OF ALARM

1. Background

On March 14, the Spanish Government approved the declaration of the state of alarm to deal with the health emergency caused by COVID-19 in Spain, through Royal Decree 463/2020.

This Royal Decree established “the suspension and interruption of procedural periods“, that specified that their calculation “shall continue at the moment the Royal Decree or its extensions end“.

Besides it stated the “suspension of administrative deadlines” and the substantive deadlines (i.e., the corresponding deadlines of the actions and rights that could be affected by the statute of limitations and lapse ––“caducidad” and “prescripción” in Spanish Law).

So far, it seemed clear that the deadlines would be continued when the state of alarm ended, but they would not be restarted.

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MEASURES IN THE FIELD OF PUBLIC PROCUREMENT

Public service and supply contracts with successive performance of obligations

Those contracts in force at the entry into force of Royal Decree-Law 8/2020, of 17 March, the performance of which becomes impossible as result of COVID-19, will be suspended, in whole or in part, from the time the situation that prevents their performance arises and until such performance can be resumed. It will be understood that performance may be resumed when the contracting authority notifies the contractor the termination of the suspension.

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Measures in the field of Public Procurement.pdf

 

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RECOVERABLE PAID LEAVE

Last Sunday, 29 March, Royal Decree-Law 10/2020 was published in the Official State Gazette – which came into force on the same day – and a few hours later Order SND/307/2020, 30 March, was also published, establishing the interpretative criteria for the application of Royal Decree-Law 10/2020, 29 March, and the model of responsible declaration to facilitate the necessary travels from the place of residence and the place of work.

This Royal Decree-Law contains and specifies the measures that the Government had already announced regarding the suspension of all non-essential economic activity. Thus, workers whose jobs are not considered essential will not have to go to work between Monday 30 March and 9 April 2020.

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– NEWSLETTER GTA RDL 10-2020 RECOVERABLE PAID LEAVE

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Scope and repercussion of Royal Decree-Law 8/2020, of 17 March, in order to address the economic and social impact of COVID-19.

GIMÉNEZ TORRES ABOGADOS publishes newsletters, from different perspectives, regarding the scope and repercussion of Royal Decree-Law 8/2020, of 17 March, in order to address the economic and social impact of COVID-19.

Trusting that you are all doing well in these difficult times, we continue working and available to our customers.

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