If the judgment was rendered by default or if it is deemed to be contradictory, the judge has the option of relieving the defendant of the foreclosure resulting from the expiry of the time limit if the defendant, through no fault of his own, did not learn of the judgment in sufficient time to exercise his recourse, or if he found it impossible to act.
Relief from foreclosure is requested from the president of the court with jurisdiction to hear the opposition or appeal. The application shall be made to the president by writ of summons.
The application shall be admissible until the expiry of a period of two months following the first document served personally or, failing that, following the first enforcement measure having the effect of rendering all or part of the debtor’s assets unavailable.
The president shall rule without appeal.
If he grants the application, the time limit for opposition or appeal shall run from the date of his decision, unless the president reduces the time limit or orders that the summons be made for the day he fixes.
By way of exception to the foregoing provisions, the right to review provided for in Article 19 of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations shall be exercised by way of appeal.