MORAIRA CORONA IMPACT

A&R clients Covid 19 impact. SPAIN LOCKED DOWN!

Main effects of The Royal Decree 463/2020 that´s limits the movement of citizens around Spain and established that the security forces can impose mild, serious and very serious penalties.

The measures brought in by the government are impacting numerous contracts, court cases, tax applications, administrative matters, residency applications, etc.

Legal implications to A&R clients

Taxes or Administrative Matters:

All tax deadlines or needs to submit a writ in any administrative procedure, do not worry: all deadlines or terms are interrupted until this royal decree ceases to be in effect. It is possible to submit applications on any aspect of administrative law provided the procedures can be done online even if all deadlines are extended

Courts:

Court deadlines and cases are delay, and specific terms in the procedural laws for all jurisdictional orders are suspended. They will resume as and when the royal decree ceases to be in effect. Any statute of time limitations to bring a case against within the criminal or civil courts will be stayed.

Immigration matters:

As above, all deadlines will be interrupted. This includes applying for residency renewals, fingerprint appointments, collection of residency cards, tourist visa deadlines (if someone is in Spain and needs to leave within a specific period, they will not be in violation of Spanish immigration laws) etc

Contracts:

The principle of ‘force majeure’ or superior force can and must be applied by parties to a private contract when, in the event of an extraordinary event or circumstance beyond the control of the parties (plague), that´s way ongoing private contracts are not dealt with by the Royal Decree, preventing one or both parties from fulfilling their obligations under the contract. In practice, most force majeure clauses do not excuse a party’s non-performance entirely, but only suspend it for the duration of the crisis. Our advice here is for parties to renegotiate terms and conditions of the agreement, adapting to the situation and working together and not against each other, with a view to find constructive solutions that suit both parties.

Sanctions established:

Declaring the state of alarm in Spain to manage the health crisis caused by the coronavirus COVID/19 in Spain, it is established that the security forces in Spain mentioned below can impose mild, serious and very serious penalties.

Who can impose sanctions in the state of alarm in Spain?

· CIVIL GUARD

· NATIONAL POLICE

· AUTONOMOUS POLICE FORCES

· LOCAL POLICE

Sanctions applied in accordance with Organic Law 4/2015 on the protection of public safety in Spain, Law 33/2011 on public:

The removal of fences, tapes or other fixed or movable elements placed by law enforcement to set up security perimeters.

1. Disobedience or resistance to Spanish authority or its agents in the exercise

of their functions, when this isn’t a crime, as well as the refusal to

provide identification at the request of the authority or its agents or false

or inaccurate data delivery during the identification process.

2. The performance by act or omission that may produce a serious risk or

harm for people’s health, where this does not constitute a very

serious fault.

Summary of very serious infractions in Spain; fine from 60,001 up to 600,000 Euros

1. Any act or omission that results in a serious risk or harm to people’s health.

2. Repeated failure to comply with the instructions received from the authority, or the failure to comply with a requirement of the authority, if this results in serious damage to health. In this case, the fine will be from 30,001 to 600,000 €

3. In declared emergencies, failure to comply with orders, prohibitions, instructions or requests made by the officers of the competent bodies or members of the intervention and assistance services, as well as of the duties of collaboration to the services of surveillance and protection of public or private companies, where it does not constitute a particular danger or significance for the safety of persons or property. In this case, the fine will be from 1,501 to 30,000 euros.

4. Those who resist or seriously disobey the authority or its agents in the exercise of their duties, or private security personnel, duly identified, who carry out private security activities in cooperation with and under the command of the Security Forces and Corps in Spain, shall be punished by imprisonment in Spain for three months to one year or a fine of six to eighteen months.

In A&R associates we are continuosly working to inform and defend your interests in Spain. We attend via phone, email during the state of alarm . #stayathome Corona virus, Covid 19 Moraira.