Free movement of goods in the national courts, and cross-border Nordic trade.
In a judgment issued today by the Supreme Court (Högsta domstolen, Sveriges Domstolar), the state monopoly of a commercial character for the sale of alcohol goods in Sweden, Systembolaget AB, has lost a big case trying to prevent another commercial undertaking, based in Denmark, from shipping goods to customers in Sweden.
Winefinder.com has been lawfully exercising its rights to access customers in Sweden through the right of customers to have the private importation of goods on the basis of Article 34 TFEU, in line with the principles of the Case C-170/04, Rosengren, and Case C-186/05, Commission v Sweden (Private Imports).
The case taken by the state monopoly against a small company was a bit of a Goliath versus David situation, with David actually winning.
This judgment will have to be considered in light of proposed changes to alcohol laws in Sweden on gårdsförsäljning (farm sales), which, if implemented, will be directly discriminatory, and can in no way be justified by any grounds of potential exception. It would mean the end of Systembolaget’s exclusive rights of sale in Sweden, and thus, would allow other commercial retailers to sell alcoholic goods too. A report was written for SIEPS last year on all these arising issues: https://lnkd.in/eEJz_nxs
Today’s judgment confirms rights for private individuals and private companies making use of EU law to acquire goods for their own personal enjoyment.
You can read the judgment of the Supreme Court at the following link: https://lnkd.in/eXpRFXQN
Graham Butler