On 9 June 2026, at the Port 2000 terminal in Le Havre, customs detain a forty-foot container from Ningbo: 2,400 electric scooters intended for a sports retail chain, declared value 312,000 euros. The freight forwarder calls the importer the next day. “Customs have blocked the container.” No one knows whether this is a routine check, a doubt about the conformity of the batteries, a suspicion of undervaluation or a seizure. Meanwhile, storage and demurrage charges are running, and so is the selling season.
The answer to that question determines everything else. Each measure has its own duration, its own conditions for being lifted and its own court. This page distinguishes them, then describes the ways to recover the goods, and to obtain compensation, under the Customs Code in force since 1 May 2026.
1. Detention, consignment, seizure: three measures, three regimes
The word “blocked” covers three legal realities. Confusing them leads either to waiting passively for a release that will not come of its own accord, or to bringing a pointless challenge against a measure that will be lifted by itself within forty-eight hours.
Detention for inspection is the most common situation. While the declaration is being verified, the goods remain under customs supervision and release has not yet been granted. The Union Customs Code makes release conditional on verification of the conditions of the requested procedure and, where a debt has been or may be incurred, on payment of the duties or the provision of a guarantee (Art. 194 and 195 of the Union Customs Code). No offence has yet been recorded. The lever is administrative: respond quickly and fully to requests, and offer a guarantee if the disagreement concerns the amount of duties. In the scooter case, a request for conformity certificates for the lithium batteries, left unanswered for three days because the Chinese supplier was on holiday, cost more in terminal charges than the substantive discussion on value, which was settled by a bank guarantee of 41,000 euros provided within forty-eight hours. Time is the adversary.
Consignment is a holding measure specific to certain goods subject to particular prohibitions (Art. L. 441-1, referring to Art. L. 231-5 and L. 231-6: war materiel, cultural goods, narcotics and medicinal products in particular). It allows officers to immobilise the goods and, where appropriate, their means of transport while checks are carried out.
Seizure, finally, presupposes a recorded offence. When they record an offence, officers may seize all items liable to confiscation, retain the related documents and retain, as a precaution, items serving as security for penalties (Art. L. 442-1, formerly Art. 323). The seizure is recorded in an official customs report (procès-verbal) drawn up on the spot, which states the cause of the seizure, the nature and quantity of the items and the identity of the custodian (Art. L. 443-3). It is the only one of the three measures that opens litigation on the offence.
The first step, therefore, in every case: obtain in writing from the customs office the exact nature of the measure, its legal basis and, where applicable, a copy of the official report.
2. Consignment: ten days, twenty-one at most
Consignment is strictly limited in time, and that is what makes it controllable. The officers draw up an official report listing the goods consigned, a copy of which is sent by any means to the owner, consignee, exporter or holder no later than five days afterwards (Art. L. 441-2).
The measure may not exceed ten days. It may be extended with the authorisation of the public prosecutor for the place where the goods are located, up to a maximum of twenty-one days in total, and that authorisation is recorded in or placed on the file (Art. L. 441-3). At the end of the consignment, the goods are returned, unless they have been seized in the meantime.
These time limits must be counted, and counted carefully. A consignment that continues beyond ten days without the prosecutor’s authorisation, or beyond twenty-one days in any event, becomes an immobilisation without legal basis; a request for return must then be made in writing and immediately, with a copy to the prosecutor.
The costs, on the other hand, are not borne by the administration. The goods are consigned at the expense of the owner, consignee, exporter, holder or any person taking part in the operation (Art. L. 441-4). For a container at the terminal, this means that storage and demurrage charges continue to run for the importer; this is a further reason to insist that the time limits be respected.
3. Release of seized goods
Seizure does not entail confiscation. It places the goods in the custody of the court pending a ruling on the offence, and the Code organises their release according to the owner’s situation.
An owner acting in good faith who is not prosecuted obtains release without a guarantee or deposit, where the goods were seized under Book IV of the Code and not in the course of criminal proceedings (Art. L. 631-1, formerly Art. 376). The only condition is reimbursement of the costs incurred by the administration for their custody and preservation. This situation is more frequent than is often thought. It concerns a buyer who paid for goods imported irregularly by its supplier, or the owner of goods carried fraudulently by a third party.
Good faith, however, is not proclaimed: it is documented, and the file that persuades a customs office to lift a seizure always resembles the same set of documents, namely the contract or purchase order predating shipment, proof of payment of the price by bank transfer to an account in the seller’s name, correspondence showing that the buyer was unaware of the value or origin actually declared by the consignor, the declarations or instructions sent to the customs broker, the history of previous imports from the same supplier without incident and, where the dispute concerns product conformity, the test certificates and technical data sheets the buyer had required before ordering, the whole being presented not as a plea but as an orderly demonstration that the administration can check document by document without having to come back to the company. Here, the missing document counts against the party that fails to produce it. An incomplete file prompts questions, and each question extends the immobilisation by a week.
Where the owner is prosecuted, or its good faith is disputed, release may be requested from the court seised, which may order it before ruling on the offence; it is then granted without a guarantee or deposit for the benefit of an owner acting in good faith who is not prosecuted (Art. L. 631-2, formerly Art. 369). In practice, the administration often makes release conditional on a guarantee or a deposit of the value, and negotiation then focuses on the amount and form of the security.
No release is possible for prohibited goods, or for goods damaged as a result of their use for the purposes of the fraud (Art. L. 631-3). Refusing an offered release is not without risk: where the handover of a means of transport against a guarantee or deposit has been offered by official report and not accepted, or where the items cannot be kept without risk of deterioration, the liberty and custody judge (juge des libertés et de la détention) may, at the administration’s request, authorise their sale by auction or their being placed at the disposal of customs free of charge, after their value has been estimated (Art. L. 631-4). Dangerous or unlawful goods, or goods unfit for consumption, may even be destroyed by reasoned order, after samples have been taken (Art. L. 631-9).
4. The means of transport: a separate regime
A lorry, trailer or container belonging to a third party need not share the fate of the cargo. Release of seized means of transport is offered without a guarantee or deposit where their owner is acting in good faith and is not prosecuted; failing that, it is offered against a solvent guarantee or a deposit of the value (Art. L. 442-3, formerly Art. 326). It remains conditional on reimbursement of custody costs and, for a vehicle with purpose-built hiding places, on their removal.
This provision is of direct concern to carriers and equipment lessors. A road haulier who finds that its articulated vehicle is immobilised at the border post because its customer’s goods were under-declared can and should request release without waiting for the outcome of the case, by establishing its good faith and the absence of proceedings against it.
The carrier’s liability deserves particular attention at this stage. The holder of goods involved in fraud is deemed liable for the fraud, but public carriers escape that presumption when they enable the administration to prosecute the actual offender by accurately and properly identifying their principals (Art. L. 522-3). A complete consignment note, a written transport order and the verified identity of the principal: these are the documents that will secure release of the vehicle.
5. Sums seized from a bank account
The Code also allows, during a customs investigation, the seizure of sums held in a deposit or payment account, as well as digital assets, where they are liable to confiscation. This requires the authorisation of the public prosecutor, and the liberty and custody judge, on referral by the prosecutor, rules by reasoned order on whether the seizure is to be maintained or lifted within ten days of it being carried out (Art. L. 442-4).
The order is notified to the account holder and to third parties with known rights over the account; they may refer it to the investigating chamber (chambre de l’instruction) within ten days of notification, by declaration at the court registry (Art. L. 442-5). The appeal does not have suspensive effect, and the appellant has access only to the documents in the proceedings relating to the seizure being challenged.
Ten days, again. The seizure covers all sums standing to the credit of the account at the time it is carried out, up to the amount set by the decision (Art. L. 442-6), and can paralyse an SME’s cash flow in a single morning. A missed appeal deadline cannot be made up.
6. Recovering the goods, and obtaining compensation
Where the seizure proves unfounded, the Code gives the owner a right to compensation, which many importers are unaware of. If a seizure made under Article L. 442-1 is unfounded, the owner of the goods is entitled to compensation calculated at the statutory interest rate applied to the value of the items seized, from the beginning of the detention until their return or the offer of return (Art. L. 631-11, formerly Art. 402).
The mechanism is real but modest. Statutory interest on 312,000 euros for four months covers neither the demurrage, nor the lost season, nor the customer who cancelled its order. Any loss exceeding that requires a separate liability action, which faces more demanding conditions and for which we are not aware of any settled line of case law.
Above all, one must act in time. Where goods have been seized following an official report, no request for return may be submitted to the administration after a period of two years from the seizure has expired (Art. L. 631-14). Two years pass quickly when the criminal proceedings are not moving forward.
Our conviction, after many cases of detained containers, is simple. Release is rarely obtained by contesting; it is obtained by proposing. A documented good-faith file, a quantified guarantee, a written request citing the right article: that is what gets the goods out of the terminal, often within a few days, while the merits are argued elsewhere.
The firm acts urgently to identify the measure, obtain the release of goods and means of transport, negotiate guarantees and, where appropriate, bring the compensation claim. Hervé Guyader is co-author of the Guide Lamy des procédures douanières, currently being updated following the recodification. See the page customs lawyer in Paris or contact the firm, with a reply within 24 business hours.
If the matter turns into a reassessment, see our page on challenging a French customs reassessment.
This analysis is part of the firm’s work in international trade law.
Frequently asked questions
How long can customs hold my goods?
It depends on the measure. A consignment may not exceed ten days, extendable with the authorisation of the public prosecutor up to twenty-one days in total (Art. L. 441-3 of the Customs Code); beyond that, the goods must be returned unless seized. A seizure in principle lasts until the end of the proceedings, but release may be requested earlier. A simple detention for inspection ends with the release provided for in Article 194 of the Union Customs Code.
I am acting in good faith: can I recover my seized goods?
Yes, if you are not prosecuted. Article L. 631-1 of the Customs Code provides that release is offered to an owner acting in good faith who is not prosecuted, without a guarantee or deposit, subject to reimbursement of custody and preservation costs. The court seised may also order it before ruling (Art. L. 631-2). No release is possible for prohibited goods or goods damaged by their fraudulent use (Art. L. 631-3).
Who pays storage costs during consignment?
The owner, consignee, exporter, holder or, failing that, any person taking part in the operation (Art. L. 441-4 of the Customs Code). Terminal and demurrage charges therefore remain payable by the operators, which justifies strict monitoring of compliance with the ten- and twenty-one-day time limits. Release after seizure is likewise conditional on reimbursement of the custody costs incurred by the administration (Art. L. 631-1).
Can I be compensated if the seizure was unjustified?
Yes, to a limited extent. The owner is entitled to compensation calculated at the statutory interest rate on the value of the items seized, from the beginning of the detention until their return or the offer of return (Art. L. 631-11 of the Customs Code). This mechanism does not cover other losses, such as demurrage or lost sales, which require a separate liability action.
Customs have seized my lorry because of a customer’s goods: what should I do?
Request release of the vehicle without delay. It is offered without a guarantee or deposit to an owner acting in good faith who is not prosecuted (Art. L. 442-3 of the Customs Code). A public carrier also avoids the presumption of liability attaching to the holder if it accurately identifies its principal (Art. L. 522-3). Have the consignment note, the transport order and the full identification of the principal ready.
For more on the substance, our analyses also cover dual-use items and the forced labour and deforestation regulations.
See also, on the neighbouring stages: liability of the customs representative; repayment and remission of customs duties.
On the same litigation path, regarding the inspection and the interview: Customs inspection at your company: what to do as soon as the officers arrive; regarding the official report and its nullities: Official customs report: how to challenge it and which remedies to pursue; regarding penalties and settlement: Customs fines: challenge them in court or settle with the administration.
References: Customs Code, Art. L. 231-5, L. 441-1 to L. 441-4, L. 442-1 to L. 442-6, L. 443-3, L. 522-3, L. 631-1 to L. 631-4, L. 631-9, L. 631-11, L. 631-14, in force since 1 May 2026 (Ordinance No. 2026-265 of 8 April 2026); Union Customs Code (Regulation (EU) No 952/2013), Art. 194 and 195; Doctrine: Guide Lamy des procédures douanières, co-authored by Hervé Guyader.