Prepared by Guido Ajello, Francesca Tironi, Elisabetta Caccavella, Giulia Spalazzi, Domenico Oliva
Law Decree no. 23 of 8 April 2020 was published in the Official Gazette on 8 April 2020 (into force on 9 April 2020) containing urgent provisions on access to credit and tax obligations for companies, special governative powers in strategic sectors, as well as measures in the field of health and work, and extension of administrative and procedural deadlines (“Liquidità Decree“).
Link to other sections
A) Measures on access to credit for companies
C) Tax and accounting measures
D) Provisions on judicial deadlines, administrative and labour acts and proceedings
D) Provisions on judicial deadlines, administrative and labour acts and proceedings
Civil Proceedings – Hearings and proceedings deadlines – Article 36
Hearings in civil proceedings pending before all courts are postponed to a date after 11 May 2020, thus extending the analogous provisions of the Cura Italia Decree by a further 26 days. The suspension until 11 May of all the civil proceedings deadlines including the deadlines for starting any new civil proceedings – enforcement proceedings and appeals included – is also confirmed.
The suspension also applies to mediation and alternative dispute resolution proceedings (so called “negoziazione assistita”), as well as to all out-of-court dispute resolution proceedings.
Administrative proceedings and judicial deadlines – Article 36
With regard to the proceedings governed by the Italian Code of Administrative Procedure, the Liquidità Decree provided for the suspension from 16 April 2020 to 3 May 2020 – included – of the deadlines for the notification of appeals, with the exception of the precautionary ones referred to in article 54, paragraph 3, CPA.
The provisions of Article 84, paragraph 5 of Cura Italia Decree, according to which all disputes, from 16 April 2020 until 30 June 2020, pass into decision, without oral discussion, on the basis of the documents filed, with the faculty of the parties to submit short notes up to two clear days before the date set for the discussion, remain into force.
Furthermore, pursuant to Article 36, paragraph 4, Liquidità Decree, the extension of the term from 15 April 2020 to 11 May 2020 applies to all the functions and activities of the Court of Auditors, as listed in Article 85, paragraph 2, Cura Italia Decree (with the exception of functions relating to the preventive control of legitimacy of the acts).
Temporary suspension of the deadlines for administrative proceedings and the validity of expiring administrative acts – Article 37
The Liquidità Decree extended the deadlines set by Article 103, paragraphs 1 and 5, Cura Italia Decree, to 15 May 2020.
In order to calculate the time-limits relating to the completion of administrative proceedings on request by a party or ex officio, pending on 23 February 2020 or commenced after that date, the period between the same date and 15 May 2020 shall not be taken into account, specifying that, for the corresponding period, the time-limits for the formation of the will of the Public Administration shall be extended or deferred.
Paragraphs 2, 3 and 4 of article 103, Cura Italia Decree, shall remain into force, inter alia, with the consequence that:
- all certificates, attestations, permits, concessions, authorizations and enabling acts, however named, expiring between 31 January and 15 April 2020 remain valid until 15 June 2020 (see article 103 paragraph 2 of the Cura Italia Decree);
- the suspension does not apply to the terms established by specific provisions of the Cura Italia Decree (i.e., to negotiated procedures without prior publication of a call for tenders, provided for by articles 72 paragraph 2 and 75), of the Law Decrees n. 6 of 23 February 2020, n. 6, 2 March 2020, n. 9 and 8 March 2020, n. 11), as well as to payments of salaries, pensions, wages for self-employment, emoluments for the provision of works, services and supplies, unemployment benefits, social security benefits or social security benefits, contributions, grants and subsidies to companies (see article 103 paragraphs 3 and 4, Cura Italia Decree).
Employment provisions – Article 41
The Liquidità Decree provides for the extension of the ordinary wage supplementation treatment (“cassa integrazione ordinaria”), access to ordinary redundancy fund (“assegno ordinario”) as well as for redundancy fund by way of derogation (“cassa integrazione in deroga”) (all already provided for by articles 19 and 22 of the Cura Italia Decree) also to employees hired between 24 February and 17 March 2020.
Therefore, employers who suspend or reduce their working activity in 2020 due to events related to the epidemiological emergency caused by Covid-19, may submit, as the case may be, an application for the granting of:
- ordinary wage supplementation treatment or access to the ordinary redundancy fund;
- ordinary wage supplementation treatment or access to the ordinary redundancy fund, or (ii) redundancy fund by way of derogation as provided for by Cura Italia Decree, not limited to employees already in force on 23 February 2020, but also for those one hired from 24 February to 17 March 2020.
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Link to other sections
A) Measures on access to credit for companies
C) Tax and accounting measures
D) Provisions on judicial deadlines, administrative and labour acts and proceedings