Although formulated in terms of acceptance or rejection of a exception of incompetence, the decision with which the judge, in presence a exception ion of compromise per referee irritation, solving the question so mail, closes or not closes the process front a self it should be considered as de cision pronounced on question preliminary of merit, in what relevant to the validity or to the interpretation of the compromise or of the clause compromise, with the further consequence that a such a pronunciation is challengeable with the appeal and where this is not it is proposed .