In matters other than those where the appeal prevents the execution of the contested decision, the First President or his delegate shall decide, at the request of the defendant and after obtaining the opinion of the Public Prosecutor and the observations of the parties, to strike out a case where the plaintiff does not prove that he has executed the decision appealed against, unless it appears to him that execution would be likely to entail manifestly excessive consequences or that the plaintiff is unable to execute the decision.
The defendant’s application must, on pain of being declared inadmissible ex officio, be submitted before the expiry of the time limits prescribed in the articles 982and 991.
The application to strike out interrupts the time limits imposed on the defendant by articles 982, 991 and 1010.
The decision to strike out does not suspend the time limits imposed on the appellant by Articles 978 and 989.
It prohibits the examination of main and cross-appeals.