Post by nijhumnishita033 on Jan 11, 2024 7:04:54 GMT
Despite the plaintiff's intention that her request to verify the existence of force majeure be granted in accordance with art . 22.1 Royal Decree-Law 8/2020, of March 17 , the Social Chamber of the National Court dismissed the claim presented and confirmed that the appeal was filed out of time , since it was not filed before June 5 of 2020 . In the opinion of the Chamber, the administrative procedures that refer to situations closely linked to the facts justifying the state of alarm are not affected by the general rule of suspension of administrative deadlines contained in the 3rd Additional Provision of RD 463/2020.
Supreme Court: estimation of the appeal After filing the corresponding appeal, the Social Chamber of the TS agrees with the appellant company and declares that the appealed sentence “has incurred the Phone Number Data regulatory violation that is reported.” "The initial day of the month calculation began on the business day following the end date of the declaration of the state of alarm." (Photo: Depositphotos) The recent STS 1282/2021, of December 17 , pronounces on the impact of Additional Provision 8 (Extension of the period to appeal) of Royal Decree Law 11/2020, of March 31 . There it is emphasized that said Provision is of a general nature, without restrictions or particularities that exclude its application in the matter it deals with.
Furthermore, its regulatory range is the same as RDL 8/2020, which means that the extension of the deadlines for appealing, expressly contemplated in that later norm, must govern, no matter how much this could affect the speed in the resolution of the procedure. , given the matter it affects. The appealed sentence has incurred the regulatory violation that is denounced Consequently, following the line set out in the aforementioned ruling, the Fourth Chamber recognizes that the express regulatory provision contemplated in RDL 11/2020, which does not prevent the administrative resolution, which affects the period to appeal, from maintaining its effectiveness and execution, “is what should govern the resolution of this debate.
Supreme Court: estimation of the appeal After filing the corresponding appeal, the Social Chamber of the TS agrees with the appellant company and declares that the appealed sentence “has incurred the Phone Number Data regulatory violation that is reported.” "The initial day of the month calculation began on the business day following the end date of the declaration of the state of alarm." (Photo: Depositphotos) The recent STS 1282/2021, of December 17 , pronounces on the impact of Additional Provision 8 (Extension of the period to appeal) of Royal Decree Law 11/2020, of March 31 . There it is emphasized that said Provision is of a general nature, without restrictions or particularities that exclude its application in the matter it deals with.
Furthermore, its regulatory range is the same as RDL 8/2020, which means that the extension of the deadlines for appealing, expressly contemplated in that later norm, must govern, no matter how much this could affect the speed in the resolution of the procedure. , given the matter it affects. The appealed sentence has incurred the regulatory violation that is denounced Consequently, following the line set out in the aforementioned ruling, the Fourth Chamber recognizes that the express regulatory provision contemplated in RDL 11/2020, which does not prevent the administrative resolution, which affects the period to appeal, from maintaining its effectiveness and execution, “is what should govern the resolution of this debate.