Judgment of the Court

of 15 March 2002

in Case E-9/00: EFTA Surveillance Authority v The Kingdom of Norway

Failure of a Contracting Party to fulfil its obligations - State retail alcohol monopoly - licensed serving of alcoholic beverages - discrimination

(2002/C 128/08)

In Case E-9/00: EFTA Surveillance Authority v The Kingdom of Norway - Application for a declaration that the Kingdom of Norway has failed to comply with the following provisions of the EEA Agreement: Article 16, by applying two forms of sale at the retail level where beer with an alcohol content of between 2,5 % and 4,75 % by volume, mainly produced domestically, may be sold outside the stores of the State retail alcohol monopoly (Vinmonopolet), while other beverages with the same alcohol content, mostly imported from other EEA States, may only be sold through the monopoly; and Article 11, by applying more restrictive measures regarding licences to serve beverages with an alcohol content of between 2,5 % and 4,75 % by volume, mostly imported from other EEA States, compared to beer with the same alcohol content, mainly produced domestically, these measures not being necessary and proportionate in relation to the objective of safeguarding public health under Article 13, the Court, composed of: Thór Vilhjálmsson (Judge-Rapporteur), President, Carl Baudenbacher and Per Tresselt, Judges, gave a judgment on 15 March 2002, the operative part of which declares as follows:

The Kingdom of Norway has failed to comply with:

Article 16 of the EEA Agreement, by maintaining two forms of retail sale, whereby beer with an alcohol content of between 2,5 % and 4,75 % by volume, mainly produced domestically, may be sold outside Vinmonopolet, while other pre-packaged beverages with the same alcohol content, mostly imported from other EEA States, may only be sold through the monopoly; and

Article 11 of the EEA Agreement, by applying more restrictive measures regarding licences to serve pre-packaged beverages with an alcohol content of between 2,5 % and 4,75 % by volume, mostly imported from other EEA States, compared to beer with the same alcohol content, mainly produced domestically, which measures are not necessary and proportionate in relation to the objective of safeguarding public health under Article 13 of the EEA Agreement.