The authorised agents may destroy, sterilise or denature the products mentioned in 1° of article L. 512-29.These operations are recorded and justified in the seizure report.
Where the regulations provide for a procedure involving the sampling of one unit of a model and then, in the event of non-compliance, additional units of the same model, these additional units may be consigned pending the results of the test carried out on the first unit. The authorised officers shall draw up a consignment report, a copy of which shall be given to the holder of the products. The…
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.
The provisions of this sub-section apply to samples taken as part of the investigation and recording of offences.The tests and analyses carried out on these samples are contradictory.The procedures for taking samples and for contradictory expert reports are defined by decree in the Conseil d’Etat.
When the authorised agents establish an offence by means of a report based on tests or analyses, they will forward the State laboratory report to the alleged offender and inform him that he has a period of three clear days from receipt of the report in which to inform them whether he requests the implementation of an expert report provided for in this sub-section.If, within the period referred to in…
The public prosecutor, if he considers, in the light of the reports drawn up by the authorised agents or the test or analysis report and, if necessary, after a preliminary investigation, that proceedings should be instituted or an investigation opened, refers the matter to the court or the investigating judge, as appropriate. If an expert opinion is required, it shall be ordered and carried out in accordance with the provisions…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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