Customs house visit: a non-reasoned order can be validated

The Rennes Court of Appeal validates, by virtue of the devolutive effect of the appeal, an order authorizing a home visit not motivated by the JLD (CA Rennes, 3 Apr. 2019, no. 18/00001, X c/ Director General of Customs and Indirect Taxes).

In terms of customs, home visits are strictly regulated. Article 64 of the Customs Code stipulates that they must be authorized by an order of the juge des libertés et de la détention (JLD) of the place of the regional customs directorate to which the service in charge of the procedure belongs.

Article 64 states that the judge of liberties "shall give reasons for his decision by indicating the elements of fact and law that he considers relevant and that give rise to a presumption, in the case in point, of the existence of the fraudulent acts for which proof is sought" and that he "must verify in a concrete manner that the request for authorization submitted to him is well founded".

This order may be appealed to the Court of Appeal.

On reading the provisions of article 64 of the Customs Code, one might think that an order that does not comply with the conditions of in concreto motivation of the elements of fact must be invalidated.

However, this is not the case.

By virtue of the devolutive effect of the appeal, if the order does not meet the conditions of reasoning, it may, however, be subject to validation.

In a decision of April 3, 2019, the Rennes Court of Appeal ruled that, pursuant to article 64 of the Customs Code and article 561 of the Code of Civil Procedure, "it is up to the judge of appeal, seized of an appeal against an order authorizing visits and seizures, to seek and characterize, by virtue of the devolutive effect of the appeal, the elements that give rise to a presumption of the existence of a fraud of such a nature as to justify the administration's request".

In this case, the Court of Appeal thus validated the disputed order (CA Rennes, 3 Apr. 2019, no. 18/00001, X v. Director General of Customs and Indirect Duties).