Uncertainty removed by the order of April 15, 2020 and the implementing decree of April 24, 2020
Emergency law n°2020-290 of March 23, 2020 to deal with the Covid-19 epidemic notably established a state of health emergency and enabled the Government to adopt, by ordinances, emergency measures related to the Coronavirus-Covid-19 crisis.
In this context, Ordinance No. 2020-306 of March 25, 2020 suspended certain deadlines or measures which expire between March 12 and the expiry of a period of one month from the cessation of the state. health emergency.
The vagueness of the terms of this ordinance has created uncertainty about the possibility of implementing a contractual termination concluded during the period of the state of health emergency.
This uncertainty was resolved in two stages: first by Ordinance n°2020-427 of April 15, 2020 concerning the withdrawal period; then, by decree n°2020-471 of April 24, 2020 concerning the approval period.
The possibility of implementing a contractual termination during the period of the state of health emergency
The withdrawal period is not affected by the so-called "time limits" order of March 25, 2020 ( Order No. 2020-427 of April 15, 2020 )
If there was uncertainty about the withdrawal period, this uncertainty was clearly removed by the order of April 15: the end of the withdrawal period of 15 calendar days is not postponed, if it falls during the period from March 12 to June 24, 2020.
The approval period resumes its normal course (decree n°2020-471 of April 24, 2020)
The decree of April 24, 2020 provides that the approval period resumes its course from the day after the publication of the said decree, which was published on the following April 25.
This clarification, expected, makes it possible to definitively remove the uncertainty on the possibility of implementing a contractual termination during the period of the state of health emergency.
