Due the fact, that PHP 4 will find several parse errors in the index.php the message "Unsupported PHP version" will not been shown. Instead of that a parse error will be displayed.

A simple solution would be to have an index.php file with only the version_compare and an include of index2.php which contains all the rest of the index.php

Steps to reproduce

1. install eZ Publish 4.0.0
2. Restart apache with PHP 4.4.x
3. Evaluate the problem.