CELEX: C2005/171/14
Language: en
Date: 2005-07-09 00:00:00
Title: Case C-186/05: Action brought on 25 April 2005 by the Commission of the European Communities against the Kingdom of Sweden

9.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/8
            
         Action brought on 25 April 2005 by the Commission of the European Communities against the Kingdom of Sweden
   (Case C-186/05)
   (2005/C 171/14)
   Language of the case: Swedish
   An action against the Kingdom of Sweden was brought before the Court of Justice of the European Communities on 25 April 2005 by the Commission of the European Communities, represented by L. Ström van Lier and S. Pardo Quintillán, acting as Agents, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               1.
            
            
               declare that, by obstructing the private import of alcoholic beverages by independent agents or commercial transporters, which cannot be regarded as justified under Article 30 EC, the Kingdom of Sweden has infringed Article 28 of the Treaty establishing the European Communities;
            
         
               2.
            
            
               order Kingdom of Sweden to pay the costs.
            
         Pleas in law and main arguments
   The Commission takes the view that Article 28 EC does not permit Sweden, generally, to obstruct the private import of alcoholic drinks by independent agents or commercial carriers. The Commission further takes the view that the obstacle to trade cannot be justified under Article 30 EC on the ground of protection of public health with reference to the following underlying reasons: (1) to limit private profits, (2) to limit access to alcoholic drinks or (3) the need to maintain age checks; in each case the measure is neither necessary nor proportional to the aim stated. The fact that the retail trade monopoly alone has the right to deal with private imports at the client's request is regarded by the Commission as an obstacle to trade, which should be assessed in the light of Articles 28 EC and 30 EC. The Swedish Government, for its part, considers that the prohibition on private import is a part of the retail trade monopoly's existence and operating method and should be assessed in accordance with Article 31 EC and that as such it cannot be regarded as discriminatory or likely to distort competition between Member States and, in the alternative, that it is appropriate and proportional.