INCIDENTAL APPEAL

The incidental appeal directed, in the same instance, against a decision which was not open to immediate appeal regardless of the decision on the merits, is admissible, even if it is brought against a decision other than the decision on the background whose main appeal requests the setting aside Cass. civ. 2 June 4, 2009

the incidental appeal can be brought in any event; that when submissions include such an appeal, they may be filed until the date of the closing order and that it is up to the opposing party, if it intends to respond, to request either the postponement of that date or the revocation of the closure order, without prejudice to his right to seek an award of damages  . Mixed Ch. February 3, 2006