Egypt’s Cassation Court Highlights Right to Retain Repaired Goods Over Unpaid Fees

Egypt’s Court of Cassation has highlighted the importance of examining the right to retain property when considering criminal misappropriation cases involving repaired goods withheld over unpaid fees.

The judicial principle addresses a question facing repairers: whether refusing to return a device or other movable property until payment is received amounts to a criminal offence.

At the centre of the issue is the “right of retention,” a legal concept under which a person may claim entitlement to hold property pending settlement of money owed in connection with it.

The court’s principle underscores the need to examine that right when assessing an allegation of misappropriation. A dispute over the return of a repaired item must therefore be considered alongside the claim that repair fees remain unpaid.

The principle should not be read as blanket permission to withhold customers’ belongings. Its significance lies in the need to assess whether a right of retention applies in the case under consideration.