The Patent and Market Court banned the Danish online wine retailer Winefinder from operating in Sweden in 2020. This after the company was sued by Systembolaget for violating the Swedish Alcohol Act and the Marketing Act.
Two years later, the Patent and Market Appeal Court ruled in Winefinder’s favor – and now the Supreme Court follows the same line.
“According to the Supreme Court, it is clear from the alcohol law and its preparatory work that such distance trading as was relevant in the case does not contravene the alcohol law, but should be seen as a permitted form of private importation,” writes HD in a press release.
Threatening the monopoly
According to Winefinder’s major owner Alex Tengvall, the verdict was expected.
– Now we can put this behind us. Although the verdict was expected, it is a great relief. We have put all the energy and time and a lot of money into the process, says Alex Tengvall.
Lena Hallengren (S), the Social Democrats’ group leader in the Riksdag, believes that the verdict threatens the Swedish alcohol monopoly and that the law must be changed so that the possibility of selling alcohol for profit can be blocked.
– The verdict opens up for actors who drive both market and profit interests into alcohol sales. The risk is great for more players and that the market will grow for them, says Lena Hallengren.
“Complex question”
Systembolaget’s general counsel Anna Domander welcomes the verdict:
– The outcome was not what we had hoped for, but we saw the need to get clarity on what applies. The legal situation has been unclear, she says.
Anna Domander also welcomes that some politicians are now raising the issue of a change in the law – even though she does not believe that Systembolaget’s role has weakened.
– HD was clear that Systembolaget still has exclusive rights to the retail trade. But alcohol is not like any other commodity, we have to take that with us. We welcome that politicians want to look at this issue because it is so complex, she says.
Hear Systembolaget’s general counsel in the clip above.