Keywords

Summary



Keywords

1 National monopolies of a commercial character - Article 37 of the Treaty - Purpose - Reconciling the requirements of the common market with the Member States' interests in maintaining certain monopolies of a commercial character - Obligation to adjust monopolies so as to exclude any discrimination between nationals of the Member States regarding the conditions under which goods are procured and marketed

(EC Treaty, Art. 37)

2 National monopolies of a commercial character - Article 37 of the Treaty - National monopoly on the retail of alcoholic beverages - Monopoly characterized by criteria and methods for selecting products, a retail sales network and non-discriminatory methods of promoting products or not liable to put at a disadvantage, in fact or in law, beverages imported from other Member States - Whether permissible

(EC Treaty, Art. 37)

3 Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Importation of alcoholic beverages reserved to holders of a production licence or a wholesale licence - Obstacle to the importation of alcoholic beverages from other Member States - Justification - Protection of public health - None

(EC Treaty, Arts 30 and 36)

Summary

4 The purpose of Article 37 of the Treaty is to reconcile the possibility for Member States to maintain certain monopolies of a commercial character as instruments for the pursuit of public interest aims with the requirements of the establishment and functioning of the common market. It aims at the elimination of obstacles to the free movement of goods, save, however, for restrictions on trade which are inherent in the existence of the monopolies in question.

Thus, Article 37 requires that the organization and operation of such a monopoly be arranged so as to exclude any discrimination between nationals of Member States as regards conditions of supply and outlets, so that trade in goods from other Member States is not put at a disadvantage, in law or in fact, in relation to that in domestic goods and that competition between the economies of the Member States is not distorted.

5 Article 37 of the Treaty does not preclude national provisions relating to the organization of a national monopoly on the retail of alcoholic beverages laying down such matters as the criteria or methods for the selection of products by the monopoly and rules relating to the establishment of retail outlets or to the promotion of products sold by the monopoly, if those provisions are neither discriminatory nor liable to put at a disadvantage, in law or in fact, beverages imported from other Member States.

6 Articles 30 and 36 of the Treaty preclude domestic provisions allowing only traders holding a production licence or a wholesale licence to import alcoholic beverages if the licensing system constitutes an obstacle to the importation of alcoholic beverages from other Member States by entailing additional costs for those beverages, such as intermediary costs, payment of charges and fees for the grant of a licence and costs arising from the obligation to maintain storage capacity in the territory of the Member State concerned, and if it is not established that the licensing system set up under those national provisions, in particular as regards the conditions relating to storage capacity and the high fees and charges which licence holders are required to pay, is proportionate to the public health aim pursued or that this aim could not have been attained by measures less restrictive of intra-Community trade.