Luxemburg, 04/06/2007 (Agence Europe) - The Court of Justice will, on Tuesday 5 June, deliver its ruling in case C-170/04. If it is in line with the advocate general's conclusions, it will back the Swedish system which bans the import of wine by individuals (see EUROPE 9320). Mr Klas Rosengren and other Swedish nationals want to recover the wine they bought online, directly from Spain, after it was confiscated, since there is a state monopoly on the retail of alcohol, the Systembolaget. The advocate general's conclusions largely found for the Swedish system, without excluding the possibility that the system could lead to abuses on the part of the authorities. It will all depend on whether the measures taken are proportionate with the stated objectives of protecting minors and discouraging alcohol abuse. According to the advocate general, it is up to the Court which sent the matter to the Court of Justice to decide if this is so. This case relates to the “legal vacuum” on the cross-border movement of alcohol for personal consumption, a gap which is acknowledged, according to the spokeswoman for László Kovács. She noted on a previous similar case (case C-5/05, see EUROPE 9315) that a proposal on this issue has been with the Council since 2004. This latest case will perhaps raise its profile in the Council, but, in the meantime, national governments will not have to be concerned about any loss in excise duty on alcohol due to sales on the internet. (cd)