An appeal against a decision taken pursuant to the first paragraph of Article 1440-1-1 shall be brought, by application lodged by a lawyer, before the president of the court with which the court clerk performs his duties. The president shall rule by order, after hearing or summoning, if possible, the applicant and the natural persons, parties or third parties mentioned in the decision.
Where the contested decision concerns a judgment of the Court of Cassation, the first president of that court shall rule under the same conditions.