Below is a summary of the main changes to Royal Decree Law 30/2020 published in the BOE (Boletín Oficial del Estado [Official State Gazette]) on 30 September (hereinafter, “RD-Law 30/2020”).
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As a result of the extraordinary situation that is currently being experienced due to the expansion of COVID-19 and which is undoubtedly having a great impact both in the society as a whole and in the business sector, from the Restructuring Department we have compiled some of the measures that have been approved by the Government and that can be of great help to avoid situations of economic difficulties and avoid insolvency.
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How are deadlines affected by Royal Decree 463/2020, of 14 March, declaring the state of alert for the management of the health crisis situation caused by COVID-19?
Last Saturday Royal Decree 463/2020, of 14 March, was published in the Boletín Oficial del Estado [Official Spanish Gazette] declaring the state of alert arising from the health crisis caused by COVID-19. In turn, on Tuesday a second Royal Decree (RD 465/2020, of 17 March) was published, amending and completing some of the provisions set forth in the first one (THE “RD”).
Among the measures adopted in this RD we want to highlight the suspension, until the end of the state of alert – in principle on 29 March, although extensions are expected – of deadlines and procedural actions of all jurisdictions. These measures leave behind any possible confusions regarding the positions taken by different courts, unifying the actions of judicial bodies throughout the national territory.
Therefore, deadlines will not apply for answering claims, appeals or any judicial action subject to a deadline. Trials and hearings will also not be scheduled or held, and those set to take place during this period will have to be changed.
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The measures adopted in compliance with Royal Decree 463/2020, of 14 March, declaring the state of alarm for the management of the health crisis situation caused by COVID-19, relating to the suspension of administrative and procedural deadlines, apply to all formalities of administrative procedures, under the terms defined in Law 39/2015, of 1 October on the Common Administrative Procedure of Public Administrations; this therefore includes Industrial Property procedures conducted before the Oficina Española de Patentes y Marcas [Spanish Patent and Trademark Office] (OEPM).
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Competitors are usually strictly prohibited from creating cartels or even agreements on capacity, but businesses across Europe have indicated they may seek waivers to allow them to deliver services amid major economic disruption.
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The Council of Ministers, at its meeting held on 17 March, approved the Royal Decree-Law 8/2020 on urgent extraordinary measures to deal with the economic and social impact of the COVID-19.
The Royal Decree-Law regulates various aspects of the functioning of the country affected by the coronavirus, so this commentary will focus on the main measures taken by the government in corporate, commercial and bankruptcy matters. In the current context, the Royal Decree-Law expands the measures already taken with a far-reaching and extensive economic and social package, with the aim of helping avoid a prolonged economic impact beyond the health crisis, giving priority to the protection of families, self-employed and companies directly affected.
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