Business Alert

Deadlines Before Judicial Courts During the French State of Health Emergency

April 14, 2020

  • Deadlines postponement principle: if the statutory deadline expires between March 12th and June 25th, the deadline starts to run again from the latter date for its initial duration not exceeding two months.

  • This principle of deadlines postponement is applicable before judicial courts in many cases.
    • Time limits for claims before the judicial judge

    Example: After the sale of a site, the buyer performed environmental studies, which concluded a degraded state of the soil on April 18th, 2018. The buyer considers that he was not sufficiently informed by the seller of the environmental situation of the site. The claim for resolution of the sale under article L. 514-20 of the Environmental Code expires on April 19th, 2020. The deadline is prolonged and the claim will be time-barred as from August 25th, 2020.

    • Time limits for appeals

    Example: A judgment pronounced by a judicial court was notified on March 7th. The 1-month time limits for appeals expires on April 8th, this latter is prolonged until July 25th, 2020.

    • Legal time limits for parties to perform an act in ongoing procedures

    Example: A statement of appeal was issued on February 1st. The 3-month period to conclude expires on May 2nd, this latter is prolonged until August 25th, 2020.

Only time limits statutory prescribed shall be prolonged. Time limits set by judges shall not be prolonged even if judges are able to decide on such prolongation.

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