Santos Terminal Wins Appeal Over Container Retention Fine

The retroport terminal Eudmarco S/A Serviços e Comércio Internacional, in Santos, has overturned a court ruling over a fine related to container retention.

On July 31, 2025, the bonded terminal was ordered by a lower court in Santos to pay a BRL 15,000 fine for delays in returning two containers that had remained at the facility for nearly a year due to irregularities in the transported cargo.

The decision was later reversed by the São Paulo Court of Justice (TJ-SP). The 13th Chamber of Private Law ruled that the terminal had fully complied with the judicial order within the established deadline by making the empty containers available to the claimant for collection and return to an empty depot.

According to the claim filed by the container owner, the units arrived at the terminal in July and August 2024 but were not released after the terminal argued they were subject to forfeiture — a situation in which cargo is subject to seizure by the Federal Revenue Service under customs regulations.

The terminal was formally notified on June 27, 2025, of its obligation to return the containers within 48 hours, under penalty of a fine ranging from BRL 5,000 to BRL 15,000. However, the physical removal of the containers only occurred on July 1.

Eudmarco’s lawyer, Leonardo Makimoto, of Cunha Batista & Advogados Associados, said the court acknowledged that the company made the containers available for collection and notified the interested party on the same day it received the order, within a timeframe shorter than that established by the court.

The ruling also recognized that any delay in the physical removal of the units resulted from circumstances beyond the terminal’s control.

“Terminal Eudmarco reaffirms its commitment to strict compliance with judicial decisions, operational transparency, and service excellence for its clients and partners,” the company said in a statement.

Source: A Tribuna

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