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61995J0189 European Court reports 1997 Page I-05909 3
Judgment
Costs
83 The costs incurred by the Swedish, French, Finnish and Norwegian Governments and by the
Commission of the European Communities, which have submitted observations to the Court, are not
recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the
proceedings pending before the national court, the decision on costs is a matter for that court.
On those grounds,
THE COURT,
in answer to the questions referred to it by the Landskrona Tingsrätt by judgment of 14 June 1995, hereby
rules:
1. Article 37 of the EC Treaty does not preclude domestic provisions relating to the existence and
operation of a national monopoly on the retail of alcoholic beverages such as those mentioned in the order
for reference.
2. Articles 30 and 36 of the EC Treaty preclude domestic provisions allowing only traders holding a
production licence or a wholesale licence to import alcoholic beverages on conditions such as those laid
down by Swedish legislation.
1 By judgment of 14 June 1995, received at the Court on 16 June 1995, the Landskrona Tingsrätt (District
Court, Landskrona) referred to the Court for a preliminary ruling under Article 177 of the EC Treaty three
questions on the interpretation of Articles 30 and 37 of that Treaty.
2 The questions have been raised in criminal proceedings brought against Harry Franzén for infringement
of the Alkohollag (1994:1738) of 16 December 1994 (Swedish Law on Alcohol, hereinafter `the Law on
Alcohol' or `the Law').
The Law on Alcohol
3 The Law on Alcohol, which entered into force on 1 January 1995, regulates production and trade in
alcoholic beverages in Sweden. Its aim is to limit the consumption of alcoholic beverages, in particular
those of high alcoholic strength, in order to reduce the harmful effects which their consumption has on
human health.
4 For the purposes of the Law `alcoholic beverages' means beverages having an alcoholic strength by
volume exceeding 2.25%. Such beverages include `wine' (fermented beverage based on grapes or other
fruit, with an alcoholic strength by volume not exceeding 22%), `beer' (malt-based fermented beverage,
with an alcoholic strength by volume of between 2.25% and 3.5%), `strong beer' (malt-based fermented
beverage, with an alcoholic strength by volume exceeding 3.5%) and `spirit' drinks (alcoholic beverages
other than wine, beer or strong beer).
5 Under the Law, the production of alcoholic beverages is subject to the holding of a `production licence'
whilst wholesale trade in spirits, wine and strong beer is subject to the holding of a `wholesale licence'.
However, the Law allows persons holding a production licence to engage in wholesale trade in the
products covered by the licence.
6 The Law also makes the importation of wine, strong beer or spirit drinks into Sweden subject to the
possession of a production licence or a wholesale licence.
7 Licences are issued by the Alkoholinspektion (Alcohol Inspectorate), upon applications accompanied by
supporting documents, pursuant to decisions of the inspectorate. In the case of foreign applicants, such
decisions will state that account must be taken of documents which such applicants may reasonably obtain
from their national authorities.
© An extract from a JUSTIS database
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