Konsumentombudsmannen (Ko) V Gourmet International Products Ab (Gip) [2001]

The Stockholm District Court referred a question to the ECJ on whether a Swedish law prohibiting the advertisement of alcohol on radio, television and in publications, amounted to a quantitative restriction in contravention of the EC Treaty Art.30 (now, after amendment, Art.28 EC). Clarification was also sought as to whether such a restriction might be lawful under Art.36 (now, after amendment, Art.30 EC) in view of its aim of protecting human health.

The Consumer Ombudsman, who had applied for an injunction to restrain GIP, a publisher, from placing alcohol advertisements in magazines, contended that the restriction did not constitute a hindrance to intra Community trade since it met the criteria laid down in Criminal Proceedings against Keck. GIP…