Which substantive and procedural terms remain suspended?| Studio Legale Menichetti

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Substantive and procedural deadlines

Paragraph 4 of Article 10 of DL 9/2020, establishes, in relation to the entire national territory, the suspension, from March 10 and until March 31 of the expiry of peremptory deadlines, legal and conventional, substantive and procedural, involving prescriptions and forfeiture of any right, action and exception, as well as the terms for the fulfilment of contractual obligations and the terms relating to executive processes and insolvency proceedings, the deadlines for the notification of minutes, the execution of payment in a reduced amount, the performance of defensive activities and the submission of judicial appeals.

Terms relating to activities, payments and appeals concerning the functions assigned to the Labour Inspectorates

With note n. 2179 dated 11.3.2020 the National Labour Inspectorate recalled that due to the provisions contained in the D.L. March 2, 2020 n. 9, until March 31, 2020 must be considered as suspended the elapse of the term referred to in Article 14 of Law n. 689/1981 for the notification of the single assessment minutes and notification. “The deadline will resume from April 1, 2020 taking into account the period already elapsed from the definition of the investigations and until the beginning of the suspension or:

  • from 22 February to 31 March for those persons who on the date of entry into force of Legislative Decree no. 9/2020 (2 March) are resident, have their place of business or carry out their work, production or function in the municipalities referred to in attachment 1 to the Decree of the President of the Republic. 1st March 2020;
  • from 9 March to 31 March for all the subjects indicated above with reference to the territorial scope of the D.P.C.M. 8 March 2020;
  • from March 10 to March 31 for all the remaining national territory.

For the minutes notified in previous date, are also suspended with the above mentioned periods and until March 31, the terms for payment in a minimum amount referred to in art. 13 of Legislative Decree no. 124/2004 and in a reduced amount referred to in art. 16 of Law no. 689/1981.

The terms for submitting administrative appeals pursuant to Articles 12, 16 and 17 of Legislative Decree no. 124/2004 and Article 14 of Legislative Decree no. 81/2008 as well as for the presentation of defensive writs, for the request for a hearing and for the payment of the order -injunction pursuant to Article 18 of Law no. 689/1981 - are also suspended.

If the term has started or is started during the period of suspension mentioned above, the term will start from the end of the same period". (LC)

 

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