Luxembourg, 09/03/2001 (Agence Europe) - The sixth Chamber of the European Court of Justice gave a Swedish court complete freedom to decide whether the present Swedish legislation concerning advertising for alcoholic drinks is not excessively binding. A priori, explains the Court, Sweden is not carrying out protectionism when banning advertising for this kind of drink: there is "no evidence before the Court to suggest that the public health grounds on which the Swedish authorities rely have been diverted from their purpose and used in such a way as to discriminate against goods originating in other Member States or to protect certain national products indirectly".
It is for the Swedish judge to check whether Swedish law is not excessively binding and whether the aim of public health followed by Sweden could not be achieved through means "having less effect on intra-Community trade". The Court continues: answering this question "calls for an analysis of the circumstances of law and of fact which characterise the situation in the Member State concerned". An analysis that the local court (Tingsratt) in Stockholm "is in a better position than the Court to carry out", indicates the latter.
At the root of this case, is a case initiated in Sweden by the Ombudsman responsible for defending consumers (Konsumentombudsman), calling for the Swedish courts to ban the "Gourmet" newspaper from including pages of advertising for brands of red wine and whiskey.
Before ruling, the Stockholm Court asked the Court of Justice whether Swedish law was contrary to the free movement of goods and provision of services.
The Swedish monopoly on the retail sale of alcoholic drinks was judged illegal by the Court of Justice in 1997 (see EUROPE of 24/10/1997, p.6).