France

  1. Under what circumstances can a stolen vehicle be seized in your country?
  • A vehicle may be seized in France if it has been recorded in the file of stolen vehicles, or if it has been entered in this file via the Schengen Information System.
  1. What channels are used to notify the owner of the vehicle’s location (Interpol or other)?
  • If a vehicle that was stolen in France is found in another country, the international relations unit of the central office for the fight against organized crime informs the owner of the vehicle’s precise location, and gives the name of the department to contact in the country concerned in order to recover the vehicle.

If the vehicle was stolen in another country and found in France, a distinction is made depending on whether the other country is a “Schengen country” or not. If it is, SIRENE FRANCE informs the other country that the vehicle has been found. Otherwise, the NCB will make the notification via the International Relations Unit mentioned above. One or other of these departments will inform their counterparts of the location of the vehicle and give the name of the department to contact in connection with restitution.

  1. Who is responsible for the storage of seized vehicles?
  • Seized stolen vehicles are stored by private companies.
  1. Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?
  • The costs associated with storage of a seized stolen vehicle must be paid by the owner or the insurer. In certain cases, the costs can be covered by the judicial authorities.
  1. How does a stolen vehicle get restored to its legal owner?
    a) Do the police have authority to restore the vehicle?
  • Yes, in France, the police are empowered to restore the vehicle.

b) Is it the local court who authorises release of the vehicle?

  • If the vehicle has not been seized in connection with judicial proceedings, no formal decision from a judicial authority is required.

c) Is it necessary to have a “commission rogatoire” to recover the vehicle?

  • No.

d) What documentation does the owner have to provide in order to recover the vehicle?

  • The person wishing to recover the vehicle must be in possession of an ownership document, or a written authorization allowing him to collect the vehicle.
  1. Are there any time limits associated with recovery of the vehicle? (i.e. after a certain period of time the vehicle becomes the property of the state or police, etc.)?
  • In practice, there are no time limits.
  1. Please give details of relevant legislation
  • None.
  1. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why
  • There is no general answer to this question, since each case depends on a judicial decision. However, when the stolen vehicle has been purchased from a professional dealer, there is “presumption of good faith” (Article 2280 of the Civil Code). If the person who owns the vehicle unlawfully, but in good faith, wishes to keep the vehicle, the judicial authorities may allow him to do so.
  1. Does your country have any bilateral treaties, conventions, or agreements with other countries dealing with the recovery of stolen property? If so, please describe how they operate and give details of the countries concerned
  • No.
  1. Reference point, for assistance in case of difficulties
  • Liaison officers of the French NCB.

Last update : June 2007