The government decree issued on 31 March contains provisions that entered into force during the state of emergency in relation to certain procedural matters. The key points concerning court proceedings are summarised below:
The regulation provides that the state of emergency does not affect time limits unless otherwise specified. This means that the statutory time limits for each procedural step must continue to be observed.
The so-called procedural schedule is determined in written proceedings. Although the court may not hold a preparatory hearing even at the request of the parties, it may invite the parties to submit additional written statements where necessary.
Furthermore, electronic means of identification may be used where a personal hearing is required.
However, if it is necessary to carry out a procedural act that requires personal attendance and cannot be performed electronically, the period until the obstacle is removed or until the end of the state of emergency is not included in the relevant time limit. In civil proceedings, hearings must also be held by electronic means. In addition, the parties may jointly request the suspension of the proceedings without any time limit.
If the court has ordered interim measures and, at the same time, set a time limit for bringing an action, that time limit begins only on the calendar day following the end of the state of emergency.
If service by public notice is required, the proceedings are suspended until the state of emergency comes to an end.
If you have any further questions regarding your pending proceedings, please do not hesitate to contact us.
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