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

61995J0189 European Court reports 1997 Page I-05909 9
which are not apt to put domestic products at an advantage.
49 It is true that the beverages selected are maintained in the basic assortment of Systembolaget only if
their sales exceed a certain volume and gain a certain market share. However, this constraint, although it
may have the consequence of handicapping small producers, is not in itself apt to afford a direct or
indirect advantage to domestic products. In any event, it appears justified both with regard to the freedom
of choice which the monopoly has in its commercial policy and by the requirements inherent in its
management. For its aim is to provide a variety of alcoholic beverages in all the monopoly's sales outlets
during a specific period within limits compatible with the need to run the monopoly profitably.
Furthermore, it does not concern products whose quantities are by nature limited, such as vintages or
seasonal drinks, which are included in the `provisional' assortment.
50 Fourth, there are other ways for traders to have their products marketed by the monopoly: those whose
offers are not selected by Systembolaget may ask for their products to undergo a second qualitative test
before a panel of consumers and, if they pass it, for the monopoly to market them on a trial basis for a
given period. Products which have not been accepted by Systembolaget and which fulfil the objective
conditions laid down in clause 4 of the agreement between the State and Systembolaget may be included
in the `by order' assortment and sold at the customer's request. Finally, Systembolaget is required to
import any alcoholic beverage at the request and cost of the consumer.
51 Fifth, traders are entitled to be told the reasons for decisions taken by the monopoly regarding the
selection of beverages and their maintenance in the `basic' assortment and may challenge such decisions
before a board offering every guarantee of independence.
52 So, having regard to the evidence before the Court, the criteria and selection methods used by
Systembolaget do not appear to be either discriminatory or apt to put imported products at a disadvantage.
The monopoly's sales network
53 Mr Franzén contends that the sales network maintained by Systembolaget is restricted and does not
offer the full range of beverages available, which restricts even more the possibilities of sale.
54 It is true that a monopoly such as Systembolaget has only a limited number of `shops'. However, it
does not appear from the information provided to the Court that the number of sales outlets are limited to
the point of compromising consumers' procurement of supplies of domestic or imported alcoholic
beverages.
55 First of all, under the agreement which it has made with the State, Systembolaget must establish or
close sales outlets on the basis of management constraints, consumer demand and the necessities of alcohol
policy and ensure that each commune which so wishes has a sales outlet and that all points of the territory
are served at least by dispatch deliveries.
56 Second, according to the information provided to the Court, alcoholic beverages may be ordered and
supplied in the monopoly's 384 `shops', through around 550 sales outlets as well as along 56 bus routes
and on 45 rural post rounds. Furthermore, there is at least one `shop' in 259 of the 288 Swedish
communes and Systembolaget is planning for every commune to have at least one `shop' in 1998.
57 Finally, even if the retail network of Systembolaget is still imperfect, this circumstance does not
adversely affect the sale of alcoholic beverages from other Member States more than the sale of alcoholic
beverages produced in Sweden (see, mutatis mutandis, in relation to Article 30 of the Treaty, Banchero II,
cited above, paragraph 40).
The promotion of alcoholic beverages
© An extract from a JUSTIS database
33