13
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
Furthermore, the proceedings in question led to the withdrawal by the
County Administrative Board on 18 July 1983 of the applicant company’s
licence (see paragraph 20 above), and were thus directly decisive for the
right at issue.
(b) "Civil" character of the right at issue
41. According to the Court’s case-law, the concept of "civil rights and
obligations" is not to be interpreted solely by reference to the respondent
State’s domestic law. Article 6 para. 1 (art. 6-1) applies irrespective of the
status of the parties, of the nature of the legislation which governs the
manner in which the dispute is to be determined and of the character of the
authority which has jurisdiction in the matter; it is enough that the outcome
of the proceedings should be decisive for private rights and obligations (see
notably the above-mentioned Benthem judgment, Series A no. 97, p. 16,
para. 34, and the above-mentioned Pudas judgment, Series A no. 125-A, p.
15, para. 35).
42. According to the Government, a licence of the kind here at issue
cannot be considered to confer a civil right within the meaning of Article 6
para. 1 (art. 6-1). They pointed to the non-transferable character of the
licence and to the fact that it constituted one of the means of implementing
the social policy regarding alcoholic beverages. In this context the
Government stressed the paramount importance from a public policy point
of view attached to questions related to the regulations concerning alcoholic
beverages and their implementation. This was shown by the fact that
distribution of alcoholic beverages is a State monopoly and by the licence
system here at issue. They recalled that what is at stake is an important part
of Swedish social policy and that the granting or withdrawal of a licence of
this kind may even be said to fall within an essential field of public law.
Finally, the Government argued that it had not been established that the
licence in question was essential to the applicant’s entire activity and that,
therefore, the effect of its revocation on TTA’s business had in fact been
only "indirect or tenuous".
43. Like the Commission, the Court notes that the withdrawal of the
licence had adverse effects on the goodwill and the value of the restaurant
business run by TTA. Accordingly, it is satisfied that the maintenance in
force of the licence to which the applicant claimed to be entitled was one of
the principal conditions for carrying on its business activities in Le
Cardinal.
It is true that in Sweden the wholesale distribution of alcohol is a State
monopoly; however, the serving of alcoholic beverages in restaurants and
bars is entrusted mainly to private persons and companies through the
issuing of licences (see paragraph 24 above). In such a case, the persons and
companies concerned carry on a private commercial activity, which has the
object of earning profits and is based on a contractual relationship between