Measures to restart the courts after the COVID-19 state of alarm

Automatic summary, not yet reviewed

1. August 11 to 31, 2020 are declared, exceptionally, as working days for all court proceedings, except Saturdays, Sundays and holidays, to keep courts active during a month that is normally a recess.
2. Procedural deadlines suspended by the state of alarm start counting again from the beginning, and the deadline to appeal judgments and decisions notified during the suspension, or in the twenty working days after it ends, is extended.
3. A special, fast-track family procedure is created to quickly handle, during the state of alarm and up to three months after it ends, claims to rebalance custody or visitation schedules and to review child support or spousal payments when financial circumstances changed because of the crisis.
4. In insolvency matters, the duty to file for bankruptcy is postponed until December 31, 2020, and courts will not accept involuntary bankruptcy petitions filed since the state of alarm began, giving companies time to restructure their debt.
5. During the state of alarm and up to three months after, court proceedings are held preferably by remote video attendance, public access to hearings is limited, and public service at courts is provided by phone or email, with in-person visits only by appointment when strictly necessary.
6. Self-employed workers who, without stopping their activity, saw their revenue drop by at least 75 percent because of the crisis can access their pension plans, and deadlines are extended for vulnerable tenants of their primary home to request a deferral of rent payments.

Who it affects

• Citizens with pending lawsuits or court procedures: Procedural deadlines restart from zero and they get more time to appeal.
• Families with custody, visitation or support arrangements: They can use a fast procedure to review them if the crisis affected them.
• Companies, self-employed workers and insolvent businesses: They gain time to avoid bankruptcy or liquidation and restructure their debts.
• Vulnerable tenants of their primary home: They have more time to request a deferral of rent payments.
• Court and prosecution staff: They work in morning or afternoon shifts and hold proceedings remotely.

Words worth knowing

Plazo procesal

The maximum time the law allows to complete a court step, such as filing an appeal.

Concurso de acreedores

A court procedure for a company or person that cannot pay its debts (Spanish insolvency proceeding).

Convenio concursal

An agreement between the insolvent company and its creditors to pay the debts and avoid liquidation.

Presencia telemática

Taking part in a court hearing remotely, by video or other electronic means.

Expediente de regulación temporal de empleo (ERTE)

A measure allowing a company to temporarily suspend or reduce its employees' work and wages.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries