TITLE VI: General procedural provisions.

I.-The following are subject to appeal or cassation: 1° Decisions ruling on the opening of safeguard or receivership proceedings on the part of the debtor, the pursuing creditor and the public prosecutor; 2° Decisions ruling on the opening of compulsory liquidation proceedings on the part of the debtor, the pursuing creditor, the social and economic committee or, in companies with less than fifty employees, the members of its staff delegation…

The decisions mentioned in 1° to 5° of I of Article L. 661-1, with the exception of 4°, are subject to third-party opposition. The judgement ruling on the third-party objection may be appealed and appealed to the Court of Cassation by the opposing third party.

Decisions adopting or amending the safeguard or recovery plan or rejecting the resolution of this plan are subject to third-party opposition. The judgment ruling on the third-party objection is subject to appeal and to cassation by the third-party objector. Third-party objections may not be lodged against decisions rejecting the adoption or amendment of the safeguard or reorganisation plan or pronouncing the resolution of that plan.

Judgments or orders relating to the appointment or replacement of the juge-commissaire are not subject to appeal.

I.-The following may only be appealed by the public prosecutor: 1° Judgments or orders relating to the appointment or replacement of the administrator, the judicial representative, the commissioner for the implementation of the plan, the liquidator, the auditors, the expert(s); 2° Judgments ruling on the duration of the observation period, on the continuation or cessation of the business. II.-Judgments relating to the modification of the administrator’s mission may only be…

Third-party proceedings or appeals to the Court of Cassation may not be brought against: 1° Decisions rendered pursuant to V of Article L. 626-30; 2° The judgments mentioned in Article L. 661-6 and the rulings handed down pursuant to I and II of the same article. An appeal in cassation is only open to the public prosecutor against rulings handed down pursuant to III, IV and V of Article L….

Where the public prosecutor is required to be notified of safeguard, receivership or compulsory liquidation proceedings and of cases relating to the liability of corporate officers, an appeal in cassation for failure to notify is open to him alone.

If the judgement is overturned requiring the case to be referred back to the court, the court of appeal may open a new observation period. This period is for a maximum of three months. In the event of an appeal against the judgment ruling on the judicial liquidation during the observation period or adopting or rejecting the safeguard plan or the judicial recovery plan and where provisional enforcement is halted,…

For the application of this title, the members of the social and economic committee shall designate from among their number the person authorised to exercise the means of appeal on their behalf.

Decisions handed down pursuant to article L. 645-4 and Chapters I, II and III of Title V may be appealed by the public prosecutor. The public prosecutor’s appeal has suspensive effect.