I. – At the latest within ten days of the vote of the classes on the draft plan, the affected party, who voted against the draft plan and who intends to contest compliance with the condition provided for in 4° of Article L. 626-31 or the fifth or tenth paragraph of Article L. 626-32, shall refer the matter to the court by petition filed with the clerk’s office against receipt.
The clerk’s office convenes all the parties to the hearing to examine the draft plan, as well as the social and economic committee, by registered letter with acknowledgement of receipt. A copy of the applications filed pursuant to the first paragraph shall be attached to the notice of hearing. When it receives such applications, the court determines the value of the debtor’s business, if necessary by ordering an expert valuation. After obtaining the opinion of the Public Prosecutor, it shall rule, in the same judgment, on this value, on the disputes relating to the application of article L. 626-31 or article L. 626-32 and on the termination of the plan requested by the administrator or the debtor with the administrator’s agreement.
II.
II. – The decision taken by the court pursuant to Article L. 626-31 or Article L. 626-32 may be appealed to the Court of Appeal within ten days of either its notification or, in the case of an appeal by the public prosecutor, its communication. This appeal may be lodged by either party, the debtor, the administrator, the judicial representative or the public prosecutor. The appeal is lodged, investigated and judged in accordance with the procedures set out in the first to sixth paragraphs of article R. 661-6, with the exception of 2° of that article.