An appeal against a decision on a referral is lodged, investigated and judged according to the fixed day procedure without the appellant having to invoke a peril in his application.
Where the appeal is lodged against a judgment ordering the sale by auction, the court shall rule no later than one month before the date set for the auction. Failing this, the enforcement judge may, at the request of the pursuing creditor, postpone the date of the forced sale hearing. Where a stay of proceedings resulting from the application of article R. 121-22 prohibits the auction hearing from being held on the scheduled date and the judgement ordering the auction has been confirmed on appeal, the date of the auction is set on request by order of the enforcement judge. There is no right of appeal against decisions of the enforcement judge made pursuant to this paragraph.