Call Us + 33 1 84 88 31 00

Article 345 of the French Customs Code

Debts of all kinds established and recovered by the customs administration are the subject of a notice of recovery subject, if necessary, to referral to the judicial judge. The collection notice is issued and made enforceable by the administrative authority designated by decree, in accordance with the procedures set out in articles L. 212-1 and L. 212-2 of the Code des relations entre le public et l’administration. The notice of…

Read More »

Article 345-0 bis of the French Customs Code

The fines, penalties and forfeitures in value provided for by the codes, laws and regulations that the customs administration is responsible for enforcing when they are handed down by a court are recovered by the public finance administration in the same way as criminal fines, without prejudice to the jurisdiction of the Agency for the Management and Recovery of Seized and Confiscated Assets provided for inarticle 707-1 of the Code…

Read More »

Article 345 bis of the French Customs Code

I.-When the taxpayer has applied a tax law according to the interpretation that the administration had made known by its published instructions or circulars and that it had not reported at the date of the operations constituting the chargeable event, it may not declare by way of a notice of assessment and recover the duties and taxes collected according to the terms of this code, by arguing a different interpretation….

Read More »

Article 345 ter of the French Customs Code

Public accountants may serve the debtor with a formal notice to pay for the recovery of debts for which they are responsible, under the conditions provided for in Article L. 257 of the Book of Tax Procedures. By way of derogation from the same article L. 257, for debts recovered in accordance with the provisions of the present code, the challenge is made under the conditions set out in article…

Read More »

Article 346 of the French Customs Code

Any challenge to the claim must be addressed to the authority that issued the assessment notice within three years of its notification, without prejudice to the time limits for remission of duties set out in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code. The Regional Director of Customs will rule on the dispute within six months of receipt. In the case of an application…

Read More »

Article 347 of the French Customs Code

Within two months of receiving the response from the Regional Director of Customs or, in the absence of a response, on expiry of the six-month period provided for in the previous article, the taxpayer may refer the matter to the judicial court. Such referral suspends the limitation period referred to in article 351 until a final court decision has been reached.

Read More »

Article 348 of the French Customs Code

If the taxpayer so requests in his dispute, he may be authorised to defer payment of the debt until the dispute has been resolved. The deferment of payment is granted to the taxpayer if the dispute is accompanied by guarantees intended to ensure recovery of the disputed debt. These guarantees take the form of a bond or a deposit. They may also take the form of securities, mortgages or pledges…

Read More »

Article 349 of the French Customs Code

Any challenge to the decisions of the accounting officer of customs relating to the guarantees required of the person liable for payment may be brought, within fifteen days of notification of the reply from the accounting officer of customs or the expiry of the period allowed for replying, before the president of the judicial court, ruling in summary proceedings. The president, on receipt of a simple written request, shall give…

Read More »

Article 349 bis of the French Customs Code

With regard to the guarantee and recovery of debts governed by this code, the customs accounting officer may delegate his signature to agents under his authority, with at least the grade of controller, for the exercise of the powers he holds under articles 345 ter, 348, 349 quinquies, 349 nonies, 379 bis, 387 bis and 388 of this code, the code of civil enforcement procedures, the provisions of the commercial…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.