The three-month period laid down in Articles L. 622-14 and L. 641-12 of the Commercial Code, before the expiry of which the landlord may not bring an action to terminate the lease for non-payment of rent relating to the period after the judgment opening the insolvency proceedings, runs, where the reorganisation plan is rescinded, not from the first judgment but from the judgment opening the new proceedings. In determining whether that three-month period has expired, the court must consider the date of the application submitted to it by the landlord.