Government measures in key jurisdictions 5th edition - Flipbook - Page 130
Spain
Litigation
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In addition, RD 25/2020 introduces a special legal regime for moratorium agreements
offered by lenders to self-employed individuals and legal entities. This special regime
aims the protection of the financing related to properties used for tourism purposes and
which have not been able to benefit from the above-mentioned moratoriums measures.
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Finally, besides the above regulations introduced by the Spanish government to mitigate
the economic impact regarding the Covid-19, the undertakings that need to bear rental
payments while their business are closed (retailers, in particular) are requesting to their
landlords, on a general basis, rent free periods regarding their lease agreements given
the extraordinary nature of the health emergency resulting from Covid-19, based on the
force majeure and hardship (rebus sic stantibus) applicable case law.
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Royal Decree-Law 35/2020 introduces a special legal regime for non residential leasing
from December 24, 2020.
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Please note that several regions have developed their own sectoral regulations. For more
information, please visit here and below.
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Spain: Royal Decree-Law 8/2020 of March 17, 2020 launches urgent and extraordinary
measures to confront the economic and social impact of Covid-19.
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Covid-19: Key new legislation introduced in Royal Decree-Law 11/2020.
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Covid-19: Approval of measures in relation to non-residential leases.
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Lifting of the suspension of procedural and substantive time periods, and
recommencement of judicial proceedings. An order has been enacted to lift, starting
on June 4, 2020, the suspension of procedural and substantive time periods
determined in additional provisions two and four of Royal Decree-Law 463/2020 (“RD
463/2020”). Also, on that same date, the judicial activities mentioned will start up
again, where health-related, organizational and procedural requirements so allow.
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Remote hearings in civil proceedings. For the time being, this is only allowed for
hearings with the exclusive participation of professionals, although the courts have not
rejected the option of holding other proceedings with parties or witnesses also taking
part. This results from putting into practice the permission, envisaged in Law 3/2020
on procedural and organizational measures to confront Covid-19 in the sphere of the
justice system, to hold virtual remote hearings until June 20, 2021.
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The General Council of the Spanish Judiciary has published guidelines on holding
judicial proceedings remotely. The guidelines provide parameters and
recommendations for reconciling the preferred use of these types of technology in the
process with the court's plenary session, with the principles and safeguards established
in the laws. Over four sections it addresses elements related to the preferred use of
remote technology, how the proceedings are to be held, the place and minimum
technical requirements that must be taken into account for carrying out the various
steps in the process remotely. They are available here.
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For more information please visit our June Covid-19 special newsletter.
Are the courts
operating?
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Government measures in key jurisdictions
