4 ordinances were published today in the Official Journal in order to adapt the rules applicable before criminal courts, other courts of the judicial order, courts of the administrative order and to extend deadlines that have expired during the period of health emergency .
As far as we are concerned, ordinance n ° 2020-306 of March 25, 2020 relating to the extension of deadlines expired during the period of health emergency and to the adaptation of procedures during this same period. therefore allows the act performed within the additional time limit to be considered as not being late.
However, it should be remembered that:
- Deadlines whose term has expired before March 12, 2020 are not postponed
- The deadlines, the term of which is set beyond the month following the date of the cessation of the state of health emergency, are neither suspended nor extended.
It is, as stated in article 2 of this ordinance, of " Any act, appeal, legal action, formality, registration, declaration, notification or publication prescribed by law or the regulations on pain of nullity, sanction, lapse, foreclosure, prescription, unenforceability, inadmissibility, expiry, automatic withdrawal, application a special regime, void or forfeiture of any right and which should have been completed during the period mentioned in article 1er will be deemed to have been done on time if it has been done within a period which cannot exceed, from the end of this period, the period legally allowed for action, within the limit of two months. "
Also, and this in order to preserve the rights of all, and to adapt to the constraints of confinement, this ordinance allows that when procedures, whatever their form (act, appeal, formality, notification, etc.) of which the The absence of fulfillment may produce legal effects could not be achieved during the period of state of emergency increased by one month, they may be fulfilled at the end of this period within the period normally provided and at the latest within two months of the end of this period.
Sources
Council of Ministers, March 25, 2020
Legifrance, JORF n ° 0074 of March 26, 2020
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