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Section 56

Confiscation, objection

(1) If no objection is lodged in respect of the seizure before the expiry of a period of two weeks following service of the communication referred to in section 55 (2) sentence 1, at the latest, then the customs authority orders confiscation of the seized products.

(2) If the person entitled to exercise control objects to the seizure, the customs authority notifies the right holder thereof without delay. The right holder is required to declare to the customs authority without delay whether he or she upholds a request made in accordance with section 55 (1) in respect of the seized products.

(3) If the right holder withdraws the request, the customs authority revokes the seizure without delay. If the right holder upholds the request and submits an enforceable court decision ordering the impounding of the seized products or imposing a restriction on the control, the customs authority takes the necessary measures.

(4) If the cases referred to in subsection (3) do not apply, the customs authority revokes the seizure after the expiry of a period of two weeks following service of the communication to the right holder as referred to in subsection (2) sentence 1. If the right holder proves that he or she has requested, but not yet received, a court decision in accordance with subsection (3) sentence 2, the seizure remains in force for a maximum of two more weeks.

(5) If the seizure proves to have been unjustified as from the outset and the right holder upheld the request referred to in section 55 (1) in respect of the seized products or did not without delay make a declaration (subsection (2) sentence 2), then the right holder is obliged to compensate the person entitled to exercise control for the damage caused by the seizure.

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