An uncertainty resolved by the order of April 15, 2020 and the implementing decree of April 24, 2020
Law No. 2020-290 of March 23, 2020, concerning emergency measures to deal with the Covid-19 epidemic, notably established a state of health emergency and allowed the Government to adopt, by decree, 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 that expire between March 12 and the expiration of a period of one month from the cessation of the state of health emergency.
The vagueness of the terms of this order has created uncertainty about the possibility of implementing a negotiated termination agreement concluded during the period of the state of health emergency.
This uncertainty was removed in two stages: first by Ordinance No. 2020-427 of April 15, 2020 concerning the withdrawal period; then, by Decree No. 2020-471 of April 24, 2020 concerning the approval period.
The possibility of implementing a negotiated termination agreement during the state of health emergency
The withdrawal period is not affected by the so-called "deadlines" order of March 25, 2020 ( Ordinance No. 2020-427 of April 15, 2020 ).
If there was any uncertainty about the withdrawal period, this uncertainty has been clearly removed by the order of April 15: the end of the 15 calendar day withdrawal period is not postponed, if it falls during the period from March 12 to June 24, 2020.
The approval period has resumed its normal course (Decree No. 2020-471 of April 24, 2020)
The decree of April 24, 2020 provides that the approval period resumes from the day after the publication of said decree, which was published on April 25.
This long-awaited clarification definitively removes the uncertainty surrounding the possibility of implementing a negotiated termination during the state of health emergency.
