Opinion of the Advocate General — ECLI:EU:C:2000:690
Date: 2000-12-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Measures having equivalent effect;Quantitative restrictions;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment 
1. Free movement of goods — Derogations — Protection of public health — Prohibi­
tion on the advertising of alcoholic beverages — Whether permissible — Condition 
(EC Treaty, Arts 30 and 36 (now, after amendment, Arts 28 EC and 30 EC) 
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SUMMARY — CASE C-405/98 
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 bev­
erages 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 protec­
tion of public health against the harm­
ful 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 bev­
erages 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 protec­
tion of public health against the harm­
ful effects of alcohol can be ensured by 
measures having less effect on intra-
Community trade. 
(see para. 42 and operative part) 
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