Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

61995J0189 European Court reports 1997 Page I-05909 5
beverages is allowed in written material made available to the public at retail points, in particular those of
Systembolaget, and in means of transport with a licence to serve alcohol. Nor does that Law prohibit
reference being made to alcoholic beverages in press articles, in particular in columns devoted to wine and
drink appearing in daily newspapers or periodicals.
The rules governing the operation of Systembolaget
21 The agreement between Systembolaget and the Swedish State, which entered into force on 1 January
1995, provides in particular that the company is to:
- conduct its activities in such a way that any injurious effects of a public, social and medical nature
arising from the consumption of alcohol are prevented as much as possible;
- select the beverages which it markets on the basis of their quality, their possible adverse effects on
human health, customer demand and other business or ethical considerations;
- provide in writing to any supplier the reasons why it has decided not to include or to drop a product
from its range and to inform it of their rights of appeal;
- adopt marketing and information measures which are impartial and independent of the origin of
beverages;
- take steps to ensure that new beverages which it markets become known to consumers, whilst having
regard to the restrictions laid down in the Law on Alcohol;
- set its margins according to objective criteria independent of the origin of beverages;
- run its business along rational lines, provide quality service and set its prices so as to cover its costs and
ensure the State a reasonable return on its capital and avoid any unnecessary marking up of the prices of
beverages;
- establish or close sales outlets according to management constraints, the services to be provided and
alcohol policy, whilst in principle allowing each commune applying for one to have a sales outlet and
ensuring that, in places where there is no sales outlet, alcoholic beverages can be sold by dispatch to order
at the cost of Systembolaget;
- set the opening times of sales outlets in accordance with guidelines laid down by the Riksdag (Swedish
Parliament).
22 According to the evidence before the Court, Systembolaget has 384 `shops' spread across Sweden. The
products sold by Systembolaget may also be ordered and delivered in around 550 sales outlets in rural
areas (grocery shops, newsagents, tobacconists, filling stations and so forth) or upon 56 bus routes and 45
rural postal rounds.
23 Under its internal rules, the beverages marketed by Systembolaget (2 454 products in October 1995)
are grouped in `assortments'. The `basic' assortment comprises beverages in the lower or medium-range
price categories, available throughout the year in all sales outlets (1 288 products in October 1995). The
`provisional' assortment comprises beverages whose availability is limited, in particular during part of the
year only, such as vintage wines and seasonal drinks (930 products in October 1995). The `trial'
assortment comprises beverages made available on a trial basis in certain `shops' with a view to their
being included in the `basic' assortment (236 products in October 1995). The `by order' assortment
comprises products which Systembolaget does not hold in stock but which may be obtained on order.
Systembolaget also imports beverages upon request and at the expense of its customers (`private' imports).
24 The beverages in the first three assortments appear on a general price list which is published several
times a year and made available in `shops' and Systembolag sales outlets or upon subscription.
© An extract from a JUSTIS database
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