Source: All England Reporter
Publisher Citation: [2007] All ER (D) 01 (Jun)
Court: Court of Justice of the European Communities (Grand Chamber)
Judge:

Judges Jann (President of the First Chamber, acting as President), Timmermans, Rosas, Schintgen, Klucka (Presidents of Chambers), Cunha Rodrigues, Silva de Lapuerta, Ilesic, Malenovsky (Rapporteur), Lohmus, O Caoimh and Bay Larsen

Judgment Dates: 5 June 2007

Catchwords

European community - Freedom of movement - Goods - National provisions prohibiting importation of alcoholic beverages by private individuals - Rule relating to existence and operation of monopoly on sales of alcoholic beverages - Assessment - Whether measure contrary to Community law - Whether justified on ground of protection of health and life of humans - EC Treaty, arts 28, 30, 31.

The Case

European community Freedom of movement. A national provision under which private individuals were prohibited from importing alcoholic beverages had to be assessed in the light of art28 of the EC Treaty and not in the light of art31 EC. A measure under which private individuals were prohibited from importing alcoholic beverages amounted to a quantitative restriction on imports within the meaning of art28 EC, even though that law required the holder of the retail sale monopoly, on request, to supply and therefore, if necessary, to import the beverages in question. A measure under which private individuals were prohibited from importing alcoholic beverages, as it was unsuitable for attaining the objective of limiting alcohol consumption generally, and as it was not proportionate for attaining the objective of protecting young persons against the harmful effects of such consumption, could not be regarded as being justified under art30 EC on grounds of protection of the health and life of humans.

If you are a LexisLibrary subscriber you can read more about this case here.