Konsumentombudsmannen v Gourmet AB

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Konsumentombudsmannen v Gourmet AB
Court European Court of Justice
Citation(s) (2001) C-405/98
Keywords
Free movement of goods

Konsumentombudsmannen v Gourmet AB (2001) C-405/98 is an EU law case, concerning the free movement of goods in the European Union.

Facts[edit]

Sweden banned ads for alcohol on the radio, TV and in magazines totally. Sweden argued the measure was lawful because there had been a constant increase in wine sales, mostly imports, so the ad ban could not be having a disparate impact in fact on importers.

Judgment[edit]

Advocate General Jacobs[edit]

AG Jacobs highlighted that Swedish producers dominated the strong beer market. This was shown by Gourmet's statistics. Ingrained consumer habits would favour national beer.

Court of Justice[edit]

The Court of Justice held the law infringed art 34 but it could be justified on public health grounds if it was proportionate. The ban having an effect on cross-border supply of advertising space breached TFEU art 56 on free movement of services, but this could again be justified on grounds of public health.

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Notes[edit]

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