Case C-434/04: Judgment of the Court (Third Chamber) of 28 September 2006 (reference for a preliminary ruling from the Korkein oikeus — Finland) — Criminal proceedings against Jan-Erik Anders Ahokainen, Mati Leppik (Free movement of goods — Articles 28 EC and 30 EC — National legislation prohibiting, without prior authorisation, the importation of undenatured ethyl alcohol of an alcoholic strength of more than 80 % — Measure having equivalent effect to a quantitative restriction — Justification on the grounds of protection of public health and public order)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: ethanol, import licence, interpretation of the law

2.12.2006

EN

Official Journal of the European Union

C 294/9

2. Since a decision of the Commission of the European Communities
declaring aid that has not been notified compatible with the
common market does not have the effect of regularising ex post
facto implementing measures which, at the time of their adoption,
were invalid because they had been taken in disregard of the prohi-
bition referred to in the last sentence of Article 88(3) EC, it is of
little consequence whether an application is made before or after
adoption of the decision declaring the aid compatible with the
common market, since that application relates to the unlawful
situation resulting from the lack of notification.

(1143/1994)), which makes the importation of undenatured ethyl
alcohol of an alcoholic strength of more than 80 % subject
to
obtaining prior authorisation, unless it appears that, in the circum-
stances of law and of fact which characterise the situation in the
Member State concerned, the protection of public health and public
order against the harm caused by alcohol can be secured by measures
having less effect on intra-Community trade.

(1) OJ C 300, 04.12.2004.

(1) OJ C 273, 06.11.2004.

Judgment of the Court (Third Chamber) of 28 September
2006 (reference for a preliminary ruling from the Korkein
oikeus — Finland) — Criminal proceedings against Jan-
Erik Anders Ahokainen, Mati Leppik

(Case C-434/04) (1)

(Free movement of goods — Articles 28 EC and 30 EC —
National legislation prohibiting, without prior authorisation,
the importation of undenatured ethyl alcohol of an alcoholic
strength of more than 80 % — Measure having equivalent
effect to a quantitative restriction — Justification on the
grounds of protection of public health and public order)

(2006/C 294/14)

Language of the case: Finnish

Judgment of the Court (Grand Chamber) of 3 October
2006 (reference for a preliminary ruling from the Verwal-
tungsgericht Frankfurt am Main — Germany) — Fidium
Finanz AG v Bundesanstalt für Finanzdienstleistungsauf-
sicht

(Case C-452/04) (1)

(Freedom to provide services — Free movement of capital —
Companies established in non-member countries — Activity
entirely or principally directed towards the territory of a
Member State — Grant of credit on a commercial basis —
Requirement of prior authorisation in the Member State in
which the service is provided)

(2006/C 294/15)

Language of the case: German

Referring court

Korkein oikeus

Parties in the main proceedings

Jan-Erik Anders Ahokainen, Mati Leppik

Referring court

Verwaltungsgericht Frankfurt am Main

Parties to the main proceedings

Applicant: Fidium Finanz AG

Re:

Defendant: Bundesanstalt für Finanzdienstleistungsaufsicht

Reference for a preliminary ruling — Korkein oikeus — Inter-
pretation of Articles 28 EC and 30 EC with respect to national
legislation subjecting the importation of non-denatured ethyl
alcohol of over 80 % to prior authorisation

Re:

Operative part of the judgment

Articles 28 EC and 30 EC do not preclude a system, such as that
(Alkoholilaki
laid down by Law No 1143/1994 on alcohol

Reference for a preliminary ruling — Verwaltungsgericht
Frankfurt am Main — Interpretation of Arts 49, 56 and 58 EC
— Undertaking established in a non-member country whose
loans, are directed
activities, consisting in the granting of
entirely or principally at the territory of a Member State —
Requirement of prior authorisation in the Member State in
which the service is provided