Language of document :

Judgment of the Court (Third Chamber) of 28 September 2006 (reference for a preliminary ruling from the Korkein oikeus - Finland) - Criminal proceedings against Jan-Erik Anders Ahokainen, Mati Leppik

(Case C-434/04) 1

(Free movement of goods - Articles 28 EC and 30 EC - National legislation prohibiting, without prior authorisation, the importation of undenatured ethyl alcohol of an alcoholic strength of more than 80% - Measure having equivalent effect to a quantitative restriction - Justification on the grounds of protection of public health and public order)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties in the main proceedings

Jan-Erik Anders Ahokainen, Mati Leppik

Re:

Reference for a preliminary ruling - Korkein oikeus - Interpretation of Articles 28 EC and 30 EC with respect to national legislation subjecting the importation of non-denatured ethyl alcohol of over 80% to prior authorisation

Operative part of the judgment

Articles 28 EC and 30 EC do not preclude a system, such as that laid down by Law No 1143/1994 on alcohol (Alkoholilaki (1143/1994)), which makes the importation of undenatured ethyl alcohol of an alcoholic strength of more than 80% subject to obtaining prior authorisation, unless it appears that, in the circumstances of law and of fact which characterise the situation in the Member State concerned, the protection of public health and public order against the harm caused by alcohol can be secured by measures having less effect on intra-Community trade.

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1 - OJ C 300, 04.12.2004.