While the question raised may be reworded by the court in order to clarify it or give it its correct legal characterisation, the court may not alter it. In such a case, the Court of Cassation (Cour de cassation) must be regarded as duly seised and rules on whether to refer the priority preliminary ruling on constitutionality (QPC) as raised in the separate statement produced before the court which transmitted it.

Under the guise of challenging the statutory provisions governing the temporal application of Article L. 145-40-2 of the Commercial Code, the question raised in reality seeks only to challenge the compatibility with the constitutional principle relied on of the provisions of the Decree of 3 November 2014 which exclude the application of Article R. 145-35 of the Commercial Code to existing leases. Those provisions, being regulatory in nature, cannot be the subject of a QPC.