Subsection 8: Consignment subject to authorisation by the liberty and custody judge

Authorised officers may apply to the liberties and detention judge for authorisation to detain, pending the necessary checks, goods suspected of not complying with the provisions of Book IV and the texts adopted for its application, when their continued presence on the market is likely to seriously and immediately undermine fair trading or consumer interests.

The deposit is made with the authorisation of the liberty and custody judge of the judicial court within whose jurisdiction the places where the disputed goods are held are located. This judge is seized on application by the authorised agents. It will rule within twenty-four hours.

Consigned goods are left in the custody of their holder.

The liberties and detention judge may order the release of the consignment measure at any time.It is de jure in all cases where the authorised agents have noted the conformity of the consigned goods or their bringing into conformity following the commitment of the person responsible for their first placing on the market or their holder.

The order authorising the extension of a consignment measure may be appealed to the first president of the court of appeal in accordance with the rules set out in the code of criminal procedure. The parties are not required to constitute a lawyer.