Contradiction of judgments may also, notwithstanding the provisions of article 605, be invoked when two decisions, even if not rendered at last instance, are irreconcilable and neither of them is subject to ordinary appeal; the appeal in cassation is then admissible, even if one of the decisions had already been the subject of an appeal in cassation and that appeal had been dismissed.
In this case, the appeal may be lodged even after the expiry of the time limit provided for in article 612. It must be directed against both decisions; where the contradiction is found, the Cour de cassation will set aside one of the decisions or, where appropriate, both.