EU-hof: Zweedse regels tegen alcoholimport mogen niet (en)

EUOBSERVER / BRUSSELS - The EU's highest court has ruled that Sweden has no right to ban its citizens from importing alcohol into the country, saying it restricts the EU principle of the free movement of goods.

The European Court of Justice gave a preliminary ruling on Tuesday (5 June) saying that banning the import of alcohol ordered over the internet or sent home from a holiday abroad "amounts to an unjustified_restriction on the free movement of goods."

Alcohol in Sweden can only be bought in Systembolaget, which is a government owned chain of liquor stores and the only place allowed to sell alcoholic beverages that contain more than 3.5 percent alcohol volume.

Swede Karl Rosengren and ten others took the Swedish government to court when their Spanish wine - ordered via a Danish website - was confiscated at the Swedish border.

The case ended all the way up in the Swedish Supreme Court, which then asked the Luxembourg-based EU court for a preliminary ruling.

Sweden argued that the restriction was justified for reasons of public health. But the European court ruled that the restraint was "inappropriate for attaining the objective of limiting alcohol consumption generally and is not proportionate for attaining the objective of protecting young persons from the harmful effects of alcohol."

A glass of wine

"I will celebrate with a Merlot. The Rioja they confiscated," said Mr Rosengren about the Swedish authorities, according to Svenska Dagbladet. "The whole EU-idea is built on freedom. That's why I wanted to fight this issue," he explained.

The European Commission welcomed the move because it supports the EU principle of the free movement of goods and people.

"Now it's up to the Swedish Supreme Court to decide," said commission spokesman Oliver Drewes. The Swedish ruling is expected in the coming months and is likely to follow the EU ruling.

"It's fantastic!" centre-right Swedish MEP Christofer Fjellner told EUobserver. "It's great to see the EU and its institutions work for the free movement of goods," he added.

Mr Fjellner is also chairman of the "class action group for private imports" representing around 800 Swedes with alcohol deliveries stuck in customs warehouses.

What next?

He is doubtful that the outcome of the ruling will be the end of the Swedish government's alcohol monopoly, but said the judgment upholds the right of Swedes to choose what alcohol they want to buy and where.

Swedish public health minister Maria Larsson confirmed that the alcohol monopoly will stay put.

"Sweden's alcohol policies stay firm, with our goals to reach decreased alcohol consumption," she told reporters in Sweden, according to AP. "We will also work for restrictive alcohol policies," within the EU.