Community law does not, in principle, preclude national legislation which is justified on grounds of public morality, public policy or protection of health and life of humans, and which restricts imports of certain goods by travellers arriving from non-member countries in order to maintain public order
Restrictions on imports of alcohol apply to persons resident in Finland who return from a country outside the European Economic Area and whose journey has lasted for no more than 20 hours. Such persons may not import alcoholic drinks into Finland unless they have travelled by air.
Those restrictions were reintroduced in 1996 as a result of public order disturbances linked to a sharp rise in alcohol consumption during the period in which they had been abolished with a view to accession to the European Union.
Mr Heinonen, who is resident in Finland, made a journey of less than 20 hours by sea to Tallinn (Estonia). On his return, he was subjected to a check and found him to be to be in possession of nineteen 0.33 litre cans of beer. The customs authorities imposed a fine and confiscated the beer.
Mr Heinonen challenged the decision of the customs authorities before the Public Prosecutor who referred the matter to the Helsingin Käräjäoikeus (Helsinki District Court). The latter has asked the Court of Justice whether the Finnish legislation is contrary to Community law.
Community law harmonises duties charged on the importation of goods from non-member countries and liberalises the system applicable to goods contained in passengers' luggage in order to facilitate international passenger traffic. Thus, goods of a non-commercial nature are admitted free of duties, subject to certain conditions and in certain quantities.
The Court considers that national legislation prohibiting or restricting imports of certain goods by travellers arriving from non-member countries on grounds of public morality, public policy, public security or protection of health and life of humans is not contrary to Community law.
The campaign against disturbances of public order linked to the consumption of alcohol is legitimate and answers public health concerns. The Court points out, however, that measures of national law must be proportionate to the objective pursued.
After consideration, the Court took the view that the Finnish legislation is proportionate. The derogation from Community rules on relief from duty is both appropriate and necessary to deal with those disturbances.
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