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TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
The Court heard addresses by Mr Corell for the Government, by Mr
Gaukur Jörundsson for the Commission and by Mr Ravnsborg for the
applicant, as well as their replies to certain of its questions. Replies by the
Government and the applicant to the remaining questions, as well as their
observations on the application of Article 50 (art. 50), were received at the
registry on various dates between 10 April and 31 May 1989. The Delegate
of the Commission made no comments on the Article 50 (art. 50) issue.
AS TO THE FACTS
I. THE PARTICULAR CIRCUMSTANCES OF THE CASE
7. The applicant, Tre Traktörer Aktiebolag ("TTA"), is a Swedish
limited company with its seat at Helsingborg, Malmöhus County. Its sole
shareholder is Mrs Olga Flenman.
A. Background to the case
8. On 30 July 1980 TTA took over the management of the restaurant Le
Cardinal in Helsingborg and obtained on the same day a licence to serve
beer, wine and miscellaneous alcoholic beverages.
9. Le Cardinal had been opened on 6 March 1980 by AB Citykällaren,
which had obtained a licence on 29 February 1980. This company, which
had been formed in 1960, had been bought on 1 July 1977 by Mrs Olga
Flenman. She was also its sole shareholder until 1 June 1982. She retained
the majority of the shares until 1987 and was a full or deputy member of the
board until 19 December 1983. The company was apparently sold in 1987.
10. TTA’s licence for Le Cardinal remained in force until 25 September
1981, when it was replaced by a new licence which was subject to the
condition that the business retained the character of a restaurant. This in turn
was replaced on 9 November 1981 by a fresh licence to which were
attached new regulations with regard to the serving of young people.
1. Investigation by the tax authorities
11. In 1981 the Tax Department of the County Administrative Board
(Länsstyrelsen) of Malmöhus County had carried out an inspection on AB
Citykällaren’s activities between 1 July 1979 and 30 June 1980. During this
period Mrs Flenman had at various times managed three different
establishments, including the restaurant Le Cardinal. The inspection, on the
basis of which an audit report was drawn up on 17 September 1981, had
revealed various inaccuracies in the book-keeping; the most significant