If the Court of First Instance decided on the merits of the case and the Court of Appeal is convinced that there has been an aspect of invalidity as to the judgment or a procedural invalidity that has affected the judgment, it shall both decide that the judgment be set aside and adjudicate on the case. If the Court of First Instance decides that it is lacking the jurisdiction over the case or that a subsidiary plea be granted and would cause a stay of the proceeding, while the Court of Appeal decides that the judgment be set aside and that the court is having the jurisdiction or that the subsidiary plea be dismissed and that the case be heard, the case shall be remanded to the Court of First Instance in order for the latter to render a judgment on the merits thereof.
Interpretation and application must be checked against the official text and current version.