A Step Toward Standardization in the Handling of Lawsuits in Spain
The declaration of a state of emergency due to the spread of COVID-19 led to a relative suspension of industrial and intellectual property litigation in Spain as of March 16. The scope of this suspension has already been addressed in a previous ELZABURU Circular.
In the time since then, quite a few questions had arisen regarding the resumption of court proceedings after the lockdown period ended. The government sought to address some of these concerns in Royal Decree-Law 16/2020, dated April 28, which was published on April 29. The situation we are facing is as follows:
1. Suspension to remain in effect through May 10
These measures are based on the premise that the suspension of deadlines and court dates will remain in effect until the State of Emergency is lifted. As of now, the expected date is May 10. In the meantime, legal documents may be filed and court notices may be received, but they will not trigger any deadlines.
2. The partial authorization in August to carry out certain judicial proceedings
All judicial proceedings may be conducted between August 11 and 31, a period that traditionally marked the official court recess. This means that hearings may be scheduled during those dates. Given the general context of the measures adopted, it is unclear whether this authorization will apply only to proceedings of an urgent nature (for our purposes: injunctions, preventive filings, and preliminary proceedings).
The fact that August is designated as a non-working month should not mean that procedural deadlines—unless they are related to urgent proceedings—will also begin to run during that time. For these purposes, August could continue to be designated as a non-working month.
3. The calculation of time limits that had been suspended, once proceedings resume
Procedural deadlines that were suspended as a result of the Declaration of a State of Emergency will resume counting from the beginning once the lockdown is lifted. In other words, the first day of the deadline will be the day following the day on which the suspension ceases to have effect. This resolves a significant point of uncertainty.
4. Extension of the deadlines for appealing judgments served during the suspension period or immediately after the suspension is lifted
The government is extending the deadline for appealing judgments that may be served on the parties during the period in which the stay remains in effect, and even for the 20 business days followingthe lifting of the stay. The extension will be for a period equal to the time limit legally established for the appeal. Thus, if the judgment is served now, before the suspension is lifted, the first day of the time limit will be the day after the suspension is lifted, and the time limit will be calculated from that point, multiplied by two.
5. Expedited processing of certain legal proceedings through December 2020.
The measures approved by the government prioritize the expedited processing of judicial proceedings—through December 31, 2020 —for certain matters related to the economic and social effects of the coronavirus. Industrial and intellectual property rights are not included among these matters. The law, however, expressly excludes urgent proceedings in any field from this limitation. It is to be hoped that injunctions, preventive motions, and preliminary proceedings in intellectual property cases will not be excluded from this preferential treatment.
6. Conducting hearings online after the suspension has been lifted.
For up to three months after the suspension is lifted, court appearances, hearings, and testimony in any type of trial will be conducted“preferably” remotely, rather than in person, provided that the courts have the necessary resources to do so.
The RDL does not resolve the question of whether hearings already scheduled for the period immediately following the lifting of the suspension may proceed or whether they may be postponed in light of these other factors (whether the court has telematic resources, the additional 20-day period for filing appeals, the 3-month period indicated in the previous paragraph, or the December 31 deadline for the preferential handling of certain proceedings).
7. The possibility of holding hearings in the afternoon
For a period of three months, staff working for the Justice Administration will have morning and afternoon shifts, which could expand the courts’ docket schedule and help alleviate the backlog.
8. Other services not subject to this provision
In ELZABURU’s previous press release, we identified many legal services that we continue to provide at IP and that are not affected by these procedural restrictions: online infringements, customs matters, police matters, out-of-court claims, investigations, appeals before the Court of Justice, domain name disputes, contract matters, and general legal advice. Nothing has changed in this regard.
9. The ELZABURU LEGAL Team
The team of attorneys and administrative staff in ELZABURU’s LEGAL Department has continued to work remotely since the first day of the lockdown, serving their clients and looking out for their interests at a time when the impact of the coronavirus leaves no one unaffected.
[su_button url="https://www.elzaburu.com/comunicados-covid-19/" style="flat" background="#00a9ce" size="7" center="no" radius="round"]Access all press releases[/su_button]
Direct links to other press releases of interest: