Immigration law /

As of May 24, 2020, the process dates have resumed

On March 31, 2020, the procedural deadlines for the following proceedings were suspended:

  1. court proceedings,
  2. administrative court proceedings,
  3. enforcement proceedings,
  4. criminal proceedings,
  5. fiscal penal proceedings,
  6. administrative proceedings,
  7. administrative proceedings,
  8. proceedings and inspections conducted pursuant to the Tax Ordinance Act,
  9. customs and fiscal inspections,
  10. proceedings referred to in Art. 15f § 9 of the Gambling Act of November 19, 2009 (concerning the Gambling Act of November 19, 2009). consider objections to the registration of domains used to offer gambling in violation of the Act),
  11. and in other proceedings conducted under the Acts.

The deadlines were to be suspended until the end of an epidemic or an epidemiological emergency was declared. However, the legislator decided that the deadlines would be resumed earlier and repealed the provision that provided for their suspension as of May 16, 2020.

The renewed deadlines began to run 7 days after the amendment came into force, i. e. from May 24, 2020 (the law came into force on May 16, 2020, so a 7-day grace period lasted until May 23, 2020).

How do you calculate the course of reopened trial periods?

If the deadline was to start after March 30, 2020, the first day of the deadline would be 24 May 2020. Since it is a Sunday, the end of the deadline calculated in weeks will also fall on a day off. In that case, the deadline will expire on the next working day.

For example: the weekly deadline will be June 1, 2020 and the two-week deadline will be June 8, 2020.

If the deadline started before March 31, 2020, it runs from May 24, 2020 onwards. The calculation of the deadline shall therefore take into account that part which fell before March 31, 2020. The deadline does not run again! Days from the start of the deadline to March 31, 2020 should be deducted from the deadline.

Resumption of hearings and public hearings

With the repeal of the suspension of time limits, hearings were resumed, but with some modifications. During an emergency or epidemic declared due to COVID-19 and within one year of the cancellation of the last one, hearings and public hearings are to be held at a distance with simultaneous direct transmission of video and audio. A hearing or a public hearing may also be held in the normal course of events if it does not cause an undue health risk to those involved.

If it is necessary to conduct a case, but this could cause an undue risk to the health of those involved, and a hearing cannot be held at a distance, the Chair may instead order a classified meeting. However, the parties may oppose its implementation.

The parties and participants in the proceedings who cannot appear in court due to illness are still exempt from the obligation to present a medical certificate to justify their failure to appear in court.

Suspension of the deadline for filing an application for bankruptcy without changes

Attention! The deadline for filing an application for bankruptcy during the period of an epidemic or an epidemic declared due to COVID-19 is still interrupted.

If the basis for declaring the debtor insolvent arises during the period of an epidemic emergency or an epidemic declared due to COVID-19 and the state of insolvency arises due to COVID-19, the 30-day period for filing an application for bankruptcy, calculated from the date on which the state of insolvency arises, shall not start and shall be interrupted. After this period, the deadline runs again. If the state of insolvency has arisen during an emergency or epidemic declared due to COVID-19, it shall be presumed to have arisen due to COVID-19.

Author team leader DKP Legal anna szymielewicz
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