Subsection II: Appeals against judgments on jurisdiction

Where the judge has ruled on jurisdiction without ruling on the merits of the dispute, his decision may be appealed under the conditions laid down in this paragraph. The decision may likewise be challenged on the ground of jurisdiction only by way of appeal where the judge rules on jurisdiction and orders an investigative measure or a provisional measure.

The time limit for appeal is fifteen days from notification of the judgment. The court clerk’s office will send this notification to the parties by registered letter with acknowledgement of receipt. It also notifies the judgment to their lawyer, in the case of a procedure with compulsory representation. In the event of an appeal, the appellant must, on pain of the declaration of appeal lapsing, refer the matter to the…

Other than the information prescribed by articles 901 or 933, the statement of appeal specifies that it is directed against a judgment ruling on jurisdiction and must, on pain of inadmissibility, state the grounds on which it is based, either in the statement itself or in submissions attached to that statement. Notwithstanding any provision to the contrary, the appeal shall be heard and determined as in fixed-date proceedings if the…

The court shall refer the case to the court which it considers to have jurisdiction. This decision shall be binding on the parties and on the referring court. Where the referral is made to the court which was originally seised, the proceedings shall continue at the behest of the court.

The clerk of the court immediately notifies the parties of the judgment by registered letter with acknowledgement of receipt. This judgment is not subject to opposition. The time limit for appealing to the Supreme Court runs from the date of notification.

Where the court is a court of appeal in relation to the court which it considers to have jurisdiction, it may raise the merits of the case if it considers that it would be in the interests of justice to give the case a definitive solution after having itself ordered, where appropriate, a measure of inquiry.

When it decides to evoke the case, the court invites the parties, if necessary by registered letter with acknowledgement of receipt, to constitute a lawyer within a time limit that it shall set, if the rules applicable to appeals against decisions rendered by the court from which the judgment under appeal emanates require such constitution. If none of the parties constitutes a lawyer, the court may decide of its own…