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61998J0405 European Court reports 2001 Page I-01795 1
Judgment of the Court (Sixth Chamber)
of 8 March 2001
Konsumentombudsmannen (KO) v Gourmet International Products AB (GIP).
Reference for a preliminary ruling: Stockholms tingsrätt - Sweden.
Free movement of goods - Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28
EC and 30 EC) - Freedom to provide services - Articles 56 and 59 of the EC Treaty (now, after
amendment, Articles 46 EC and 49 EC) - Swedish legislation on the advertising of alcoholic
beverages - Selling arrangements - Measure having an effect equivalent to a quantitative restriction -
Justification in the interest of the protection of health.
Case C-405/98.
1. Free movement of goods Derogations Protection of public health Prohibition on the advertising of
alcoholic beverages Whether permissible Condition
(EC Treaty, Arts 30 and 36 (now, after amendment, Arts 28 EC and 30 EC)
2. Freedom to provide services Restrictions Prohibition on the advertising of alcoholic beverages Justified
on the grounds of public health Condition
(EC Treaty, Arts 56 and 59 (now, after amendment, Arts 46 EC and 49 EC))
1. Articles 30 and 36 of the Treaty (now, after amendment, Articles 28 EC and 30 EC) do not preclude a
prohibition on the advertising of alcoholic beverages provided for under national legislation, unless it is
apparent that, in the circumstances of law and of fact which characterise the situation in the Member State
concerned, the protection of public health against the harmful effects of alcohol can be ensured by
measures having less effect on intra-Community trade.
(see para. 34 and operative part )
2. Articles 56 and 59 of the Treaty (now, after amendment, Articles 46 EC and 49 EC) do not preclude a
prohibition on the advertising of alcoholic beverages provided for under national legislation, unless it is
apparent that, in the circumstances of law and of fact which characterise the situation in the Member State
concerned, the protection of public health against the harmful effects of alcohol can be ensured by
measures having less effect on intra-Community trade.
(see para. 42 and operative part )
In Case C-405/98,
REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Stockholms
Tingsrätt, Sweden, for a preliminary ruling in the proceedings pending before that court between
Konsumentombudsmannen (KO)
and
Gourmet International Products AB (GIP),
on the interpretation of Articles 30, 36, 56 and 59 of the EC Treaty (now, after amendment, Articles 28
EC, 30 EC, 46 EC and 49 EC),
THE COURT (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skouris, J.-P. Puissochet (Rapporteur), R.
Schintgen and F. Macken, Judges,
Advocate General: F.G. Jacobs,
Registrar: H. von Holstein, Deputy Registrar,
© An extract from a JUSTIS database
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