Source: All England Reporter
Publisher Citation: [2006] All ER (D) 140 (Sep)
Court: Court of Justice of the European Communities (Third Chamber)
Judge:

Judges Rosas (President of Chamber), Puissochet (Rapporteur), Borg Barthet, Lohmus and O Caoimh

Judgment Dates: 28 September 2006

Catchwords

European community - Freedom of movement - Goods - National legislation prohibiting without prior authorisation importation of undenatured ethyl alcohol of certain strength - Measure having equivalent effect to quantitative restriction - Justification on ground of protection of public health and public order - Reference for preliminary ruling - EC Treaty, arts 28, 30.

The Case

Articles 28 EC and 30 EC did not preclude a system, such as that laid down by the Finnish Law No 1143-1994 on Alcohol, which made the importation of undenatured ethyl alcohol of an alcoholic strength of more than 80% subject to obtaining prior authorisation, unless it appeared that, in the circumstances of law and of fact which characterised the situation in the member state concerned, the protection of public health and public order against the harm caused by alcohol could be secured by measures having less effect on intra-Community trade.

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