Unless the case has been referred to the referring court without prior notification, the statement must, on pain of inadmissibility being raised of its own motion, be made before the expiry of a period of two months from the date of notification of the judgment of cassation to the party. This time limit shall run even against the party giving notice.
The absence of a declaration within the time limit or its inadmissibility confers the force of res judicata on the judgment rendered at first instance where the decision quashed had been rendered on appeal from that judgment.