Coronavirus: rules applicable before the courts

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

Count on all GAC Group employees to provide you with advice on these subjects!

We have been experts in this since 2002 and we are at your disposal to help you better understand these exceptional devices and make them a reality.

Be assured of the daily mobilization of GAC Group employees to respect the commitments made to you!

GAC Group is grateful for the trust and loyalty you show in us as well as the professionalism and dedication of its employees.

In a spirit of collective responsibility, we will together contribute to reducing the impact of the health context we are going through.

GAC group sends you all its solidarity thoughts. Our common mobilization will bear fruit!

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