Judgments and orders made in matters of ad hoc mandate, conciliation, safeguard, legal redress, professional recovery and legal liquidation are enforceable ipso jure on a provisional basis.
However, judgments and orders issued pursuant to articles L. 622-8, L. 626-22, the first paragraph of l’article L. 642-20-1, of l’article L. 651-2, the articles L. 663-1 to L. 663-4 as well as decisions taken on the basis of article L. 663-1-1and judgments declaring personal bankruptcy or the prohibition provided for in Article L. 653-8.
The provisions of articles 514-1 and 514-2 of the Code of Civil Procedure are not applicable.
By way of derogation from the provisions of article 514-3 of the Code of Civil Procedure, the first president of the court of appeal, ruling in summary proceedings, may only halt provisional enforcement of the decisions mentioned in the first two paragraphs of this article when the grounds in support of the appeal appear to be serious. Provisional enforcement of decisions taken on the basis of article L. 663-1-1 may also be halted where enforcement is likely to entail manifestly excessive consequences. As soon as the decision of the first president halting provisional enforcement has been handed down, the registrar of the court of appeal shall inform the registrar of the court.
In the event of an appeal by the public prosecutor’s office against a judgment mentioned in articles L. 645-11, L. 661-1, with the exception of the judgment ruling on the opening of safeguard or receivership proceedings, L. 661-6 and L. 661-11, provisional execution is stopped as of right from the day of this appeal. The first president of the court of appeal may, at the request of the public prosecutor, take any protective measure for the duration of the appeal proceedings.