Title V: Means of defence.

A plea of inadmissibility is any ground which tends to have the opponent declared inadmissible in his claim, without examination of the merits, for lack of right to act, such as lack of standing, lack of interest, prescription, time limit, res judicata.

The pleas of inadmissibility may be proposed in any event, unless otherwise provided and except for the possibility that the judge may order those who have refrained, with dilatory intent, from raising them earlier, to pay damages.

The pleas of inadmissibility must be upheld without the person invoking them having to justify a grievance and even if the inadmissibility does not result from any express provision.

A plea of inadmissibility must be raised of the court’s own motion where it is a matter of public policy, in particular where it arises from failure to comply with the time limits within which appeals must be lodged or from failure to open an appeal. The court may raise of its own motion a plea of inadmissibility based on lack of interest, lack of standing or res judicata.

Where the situation giving rise to the plea of inadmissibility is capable of being regularised, the inadmissibility will be set aside if its cause has disappeared by the time the judge rules. The same applies where, before any time limit, the person with standing becomes a party to the proceedings.