Judgment — ECLI:EU:C:2007:571
Date: 2007-10-04
Language of the case: Swedish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods
Concepts: Protection of public health and protection of plants
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Judgment of the Court (Sixth Chamber) of 4 October 2007 - Commission of the European Communities v Kingdom of Sweden (Case C-186/05) 1 (Failure of a Member State to fulfil obligations - National monopoly on retail sales of alcoholic beverages - Importation by private individuals prohibited) Language of the case: Swedish Parties Applicant: Commission of the European Communities (represented by: L. Ström van Lier and S. Pardo Quintillán, acting as Agents) Defendant: Kingdom of Sweden (represented by: K. Wistrand, acting as Agent) Intervener in support of the defendant: Republic of Finland (represented by: E. Bygglin, acting as Agent) Re: Failure of a Member State to fulfil obligations - Infringement of Articles 28 EC and 30 EC - National legislation relating to a national monopoly on retail sales of alcoholic beverages prohibiting the direct importation of such beverages by private individuals Operative part of the judgment The Court: 1. Declares that, by prohibiting the importation of alcoholic beverages by private individuals acting by their designated independent intermediaries or professional transporters, the Kingdom of Sweden has failed to fulfil its obligations under Article 28 EC and that prohibition cannot be regarded as being justified under Article 30 EC. 2. Orders the Kingdom of Sweden to pay the costs. ____________ 1 - OJ C 171 of 09.07.2005.