Where provisional execution is de jure or has been ordered, the First President or, as soon as the matter has been referred to him, the Conseiller de la Mise en Condition may, in the event of an appeal, decide, at the request of the respondent and after hearing the submissions of the parties, the removal of the case from the roll where the appellant does not prove that he has enforced the decision appealed against or that he has made the deposit authorised under the conditions provided for in article 521, unless it appears to him that enforcement would be likely to entail manifestly excessive consequences or that the appellant is unable to enforce the decision.
The respondent’s request must, on pain of inadmissibility pronounced ex officio, be presented before the expiry of the time limits prescribed in articles 905-2, 909, 910 and 911.
The decision to strike off the register is notified by the registry to the parties and their representatives by simple letter. It is a measure of judicial administration.
The application to strike out suspends the time limits imposed on the respondent by the articles 905-2, 909, 910 and 911.
These time limits start running again from the notification of the decision authorising the case to be reinstated on the court’s roll or the decision rejecting the application to strike out.
The decision to strike out does not suspend the time limits imposed on the appellant by articles 905-2, 908 and 911. It prohibits the examination of main appeals and incidental or provoked appeals.
The limitation period runs from the notification of the decision ordering the striking off. It is interrupted by an act unequivocally expressing the intention to enforce. The First President or the Pre-Trial Judge may, either at the request of the parties or of his or her own motion, after inviting the parties to present their observations, declare that the time limit has expired.
The First President or the Pre-Trial Judge shall authorise, unless he or she declares that the time limit has expired, the reinstatement of the case on the court’s roll upon proof that the contested decision has been enforced.