A customs control involving artworks or antiquities can, in some circumstances, lead to customs detention (retenue douanière). French law places specific conditions on this coercive measure.
When can Customs place a person in customs detention?
Since the recodification of the French Customs Code on 1 May 2026, Article L. 432-1 provides that Customs may apprehend and place a person in customs detention only in the case of a flagrant customs offence punishable by imprisonment and where detention is justified by the needs of the customs investigation.
The ordinary maximum duration is 24 hours. Under Article L. 432-2, it may be extended for up to a further 24 hours with written and reasoned authorisation from the public prosecutor where the needs of the investigation justify the extension.
What did the French Supreme Court say in 2025?
The French Supreme Court decision of 2 April 2025 is particularly relevant to art and cultural property cases. The Court recalled that judges reviewing the validity of customs detention must verify both statutory conditions: the existence of a flagrant customs offence punishable by imprisonment and the necessity of the detention for the investigation.
The case arose after Customs found ancient coins in a vehicle. An opinion obtained from the DRAC identified the objects as cultural property and archaeological objects. The subsequent customs detention became a central procedural issue.
For collectors and professionals, the decision is a reminder that the transition from a control to coercive investigative measures is not merely factual: it must satisfy legal conditions that can later be reviewed by the courts.
Why specialist advice matters
In an art-related customs case, procedural questions often overlap with technical questions about the object itself: is it cultural property? What was known about its provenance? Which documents were legally required? What information did Customs possess when the detention began?
A defence strategy may therefore require both customs and criminal procedure expertise and a detailed understanding of cultural property and art-market practices.
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents French and international art market professionals and collectors in art market, cultural property, customs and criminal law matters.
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents art market professionals, collectors and owners in French customs matters involving artworks, antiquities, coins and other collectibles. The Firm has handled, and is currently handling, several matters involving customs controls and seizures, provenance and origin documentation, customs investigations and related criminal proceedings.
Our practice combines experience of French customs and criminal proceedings with an in-depth knowledge of the art market and cultural property regulations. We may intervene from the first stages of a customs control or investigation through to proceedings before the French courts.
Foreign clients may instruct Fournol & Associés directly. The Firm works in English and regularly acts as French counsel alongside foreign lawyers and other professional advisers. Contact the Firm.
Related sector and expertise
- Art Market Customs Law for Art and Cultural Property · Art-Related Criminal Law · Import and Export of Works of Art
Frequently Asked Questions
What is customs detention in France?
Customs detention is a coercive measure governed by the French Customs Code. It may be used only where the statutory conditions are met.
How long can customs detention last?
The ordinary maximum is 24 hours. It may be extended for a further period of up to 24 hours with the required authorisation where the needs of the investigation justify it.
Can the validity of customs detention be challenged?
Yes. The legality of the measure and compliance with its statutory conditions may become an issue in subsequent proceedings.
