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NOTES ON ROYAL DECREE-LAW 16/2020, OF 28 APRIL, REGARDING PROCEDURAL AND ORGANIZATIONAL MEASURES TO PREVENT COVID-19 IN THE AREA OF THE ADMINISTRATION OF JUSTICE

On April 28, 2020, the first procedural reform was made to meet the challenge posed by COVID-19 to the Administration of Justice. To this end, the Royal Decree-Law is divided into three chapters; the first dedicated to procedural measures; the second with regard to measures in the field of bankruptcy and corporate; and the third in relation to measures of an organizational and technological nature. We now turn to a summary of the most significant ones.

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Decreto-16-20-medidas-procesales-EN.PDF

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URGENT SUPPLEMENTARY MEASURES TO SUPPORT THE ECONOMY AND EMPLOYMENT

Measures in the field of leasing

The self-employed workers and small and mid-sized enterprises (SMEs) that are tenants of buildings intended for (i) use other than as housing or (ii) industry, which meet the requirements set out below, may request from the lessor if and to the extent that the latter is a public housing company or entity or a large holder, a deferment on the payment of rental income. Such deferment must be accepted by the lessor unless the parties had previously come to an agreement in relation to the postponement of the payment of the rental income or a reduction in its amount, in which case the provisions of such prior agreement will apply (art. 1).
The requirements to be met by the beneficiaries of this deferment on the payment of rental income are as follows (article 3):

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– NOTE_ON_ROYAL DECREE-LAW _(leases).pdf

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NEW TAX MEASURES ROYAL DECREE-LAW 15/2020, 22 APRIL 2020

Measures on tax deadlines and tax procedures

Not surcharges applicable for late payment of certain tax debts in the case of COVID-19 financing.

Late payment of tax debts corresponding to tax returns with filling and payment deadline between 20 April 2020 and 30 May 2020 will be considered as paid within the voluntary period and therefore no surcharges for late payment will be required, provided that the following conditions are met:

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– NEW_TAX_MEASURES_ROYAL_DECREE_LAW.pdf

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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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