In a ruling dated November 9, 2022 (CBC PRELECO), we obtained a ruling from the French Supreme Court (Cour de cassation) to the effect that, while the Customs Code does not prohibit customs officers from taking unsolicited statements relating to items communicated, this does not give them a general power of hearing.

 

It must always be borne in mind that, in the context of an inspection, operators always have the right :

  • to have a lawyer at all times,
  • to fail to appear when summoned,
  • to keep quiet (from our ECHR ruling of February 25, 1993, Miailhe),
  • to leave the customs office.