When the judge intends to request the opinion of the Cour de cassation pursuant to article L. 441-1 of the Code de l’organisation judiciaire, it notifies the parties and the public prosecutor, failing which it is inadmissible. It shall collect any written observations they may have within the time limit it shall set, unless they have already concluded on this point.
On receipt of the observations or on expiry of the time limit, the judge may, in a decision that is not subject to appeal, request the opinion of the Cour de cassation by formulating the question of law that he is submitting to it. He shall stay the ruling until receipt of the opinion or until expiry of the period referred to in Article 1031-3.
Referral for an opinion does not prevent the judge from ordering necessary emergency or conservatory measures.