Extension of time limits - containment

The Order of 25 March 2020, published in the Official Gazette of 26 March 2020, provides for the suspension, freezing or postponement of time limits. The regime applied differs according to the type of deadline. We are talking about the postponement of time limits - containment.

Avant de débuter l’analyse des conséquences de cette ordonnance créant un report de délais confinement, notons que les délais et mesures à prendre en compte sont ceux « qui ont expiré ou qui expirent entre le 12 mars 2020 et l’expiration d’un délai d’un mois à compter de la date de cessation de l’état d’urgence sanitaire déclaré dans les conditions de l’article 4 de la loi du 22 mars 2020 » (article 1er de l’ordonnance), c’est à dire

12 MARCH -> 24 MAY (expected end of the state of health emergency) + 1 month = 24 JUNE 2020

Delays that are not impacted:

Therefore, deadlines which expired before 12 March 2020 are not affected by these measures.

This order does not apply either:

1° Time limits and measures resulting from the application of rules of criminal law and procedure, or concerning elections governed by the Electoral Code and consultations to which this Code is made applicable;
2° to time limits for the enactment and implementation of measures involving deprivation of liberty;
(3) Time limits for registration procedures in an educational institution or for access to the civil service;
4° financial obligations and related guarantees mentioned in Articles L. 211-36 et seq. of the Monetary and Financial Code;
5° To the deadlines and measures that have been the subject of other specific adaptations by the Emergency Law of 23 March 2020 to deal with the covid-19 epidemic or in application thereof.

Without going into detail about all the delays that are impacted by this order, we can describe some concrete and telling cases:

With regard to the acts, appeals, formalities, legal actions and notifications prescribed by law, under penalty of nullity, foreclosure, sanction, prescription:

These acts, appeals and formalities which should have been accomplished in the period 12 March 200 - 24 June 2020, see their final deadline for completion postponed by 2 months after this period, i.e. :

postponement until 24 August 2020

For example:

• Une prescription qui « tomberait » le 1er juin, pourrait être interrompue par une action, ou un acte (une mise en demeure de payer, une assignation) effectué jusqu’au 24 août
• A third party appeal against a building permit (two months from the posting of the permit) that would have been posted on February 1st, is automatically possible until August 24th.
• A sum collected by a bailiff's office (which must be returned to the creditor within 3 weeks or 6 weeks, depending on the method of payment) has its return deadline extended to 24 August.

With regard to periodic penalty payments, penalty clauses, termination clauses and clauses providing for forfeiture, where their purpose is to penalise failure to fulfil an obligation within a specified period :

These clauses, which would have taken effect between 12 March and 24 June, are automatically suspended and will not apply until one month after the above-mentioned period.

postponement until 24 July 2020

For example:

• An order to pay the rents for the resolutory clause, served on March 1, 2020, which (in the case of the commercial lease) opens a one-month period to settle, after which the resolutory clause is acquired: in this case, the acquisition of the resolutory clause will not take place until July 24, 2020

With regard to time-limits for termination and denunciation of conventions :