ECJ case on Swedish alcohol retail monopolyUPDATE: On 5 June 2007 the European Court of Justice ruled that the Swedish monopoly is a disproportionate measure to attain the objective of limiting alcohol consumption in general and limiting underage drinking. The ECJ concluded that the monopoly was against the EU principle of free movement of goods, and that it was therefore not compatible with EU law.
Despite that judgement, Maria Larsson, Swedish public health minister, confirmed that the alcohol monopoly will stay put and that the Swedish State “will also work for restrictive alcohol policies” within the EU.
On 30 november 2006, the European Court of Justice advocate-general backed Sweden’s stringent policies on alcohol retails. He suggested that the Swedish ban is legal under European Union law: it is not in principle contradictory to article 31 of the Treaty. However, he also pointed out that the rules shall not discriminate against the sale of goods from other Member States.
In March 2004, the Supreme Court of Sweden asked the European Court of Justice to rule wether the Swedish legislation on alcohol was in line with the European Community Treaty. The European Court of Justice issued its ruling on the 30 March 2006 (’Rosengren Case’ 170/04 - in French).
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