Can you help solve this Riddle

Dan has a last minute meeting in New York. He has the choice of two last minute flights, one from Paris or one from Brussels both are equal. He chooses Brussels as they allow 400 duty free cigarettes/France 200 + tobacco. He drives from London to Dover, Dover to Calais and on to Brussels. On the way back the Police ask him about the 400 cigarettes on the front seat as he enters the docks at Calais. Has Dan broken the law?