Article 579 of the Lebanese Code of Civil Procedure states that the single judge, in his capacity as judge of urgent matters, may examine requests to take urgent measures in civil and commercial issues prejudice to the origin of the right, while retaining the special authority assigned to the head of the execution department. In the same capacity, he may take measures to eliminate the apparent infringement of legitimate rights or conditions. In the case where the existence of the debt is not subject to a serious dispute, the judge of urgent matters may grant the creditor a temporary advance at the expense of his right.

It’s up for the judge of urgent matters to take urgent measures aimed to preserving rights and preventing harm without prejudice to the origin of ownership.

The judge doesn’t rule a dispute, but takes temporary measures.

The powers of customs when addressing the judge

Article 309 of customs act gave the customs administration an independent space to litigate before the court through the general director position or his representatives of the customs’ lawyers, who are appointed by a separate decree and governed by a specific legal system.

The council of ministers appointed five lawyers to pursue the customs issues. But the customs administration violated all legal conditions regarding the ship Rhosus and reiterated the violation of the formal assets by sending repeated correspondences to the urgent judiciary.

First: A request addressed to the judge of urgent matters shouldn’t be submitted by a correspondence

Second: The customs don’t have power over a claim filed by the Lebanese government through the lawsuit authority, since the customs administration is neither the submitter of the legal file nor a party to it, and thus, they can’t intervene in the case in this way. In this case, the administration should’ve asked the Lebanese authority to add the requests to the file, or should’ve asked the judge of urgent matters for a legal intervention, so that the judicial body could give its opinion before the judge of urgent matters decides on the case, as the judicial body is the submitter of the file.