19
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
Cardinal closed on 19 July 1983 as a result of the County Administrative
Board’s decision of 18 July to revoke, with immediate effect, the licence to
serve alcoholic beverages. Furthermore, no stay of execution having been
granted by the National Board of Health and Welfare (see paragraph 21
above), the financial repercussions of the revocation were serious. The
Court thus agrees with the Commission that this was a severe measure in the
circumstances.
It is true that the measure in question could have been foreseen,
especially after the County Administrative Board had informed TTA on 4
November 1982 that it was considering taking this course of action (see
paragraph 15 above). But it must be borne in mind that, after that date, the
competent authorities took three positive decisions in respect of the
applicant company: on 7 January 1983 the County Administrative Board
decided in the same proceedings to issue only an admonition against TTA
under section 64, having regard to the considerable time which had elapsed
- almost three years - since the discrepancies in the book-keeping of AB
Citykällaren had occurred and to the fact that in the meantime there had
been no further deficiencies (see paragraph 16 above); on 14 January the
same Board renewed the applicant company’s licence for Le Cardinal,
extending the serving hours until 2.00 a.m. (see paragraph 17 above); and
on 27 May the District Court of Helsingborg acquitted Mrs Flenman of the
offence of hindering control by the fiscal authorities (see paragraph 13
above).
On the other hand, the discrepancies in the book-keeping of AB
Citykällaren concerning the sale of alcoholic beverages were very
significant in relation to the total turnover of the company (see paragraph 11
above). The fact that, according to TTA’s representatives, these
discrepancies were due to thefts does not invalidate the conclusion of the
National Board of Health and Welfare that this showed inadequate bookkeeping and internal control (see paragraphs 15 and 19 above), though the
District Court had found that the existence of intent or gross negligence had
not been established (see paragraph 13 above).
62. The "burden" placed on TTA as a result of the contested decisions,
though heavy, must be weighed against the general interest of the
community. In this context, the States enjoy a wide margin of appreciation.
Even though the County Administrative Board and the National Board of
Health and Welfare could have taken less severe measures under section 64
of the 1977 Act (see paragraph 27 above), the Court, having regard to the
legitimate aim of Swedish social policy concerning the consumption of
alcohol, finds that the respondent State did not fail to strike a "fair balance"
between the economic interests of the applicant company and the general
interest of Swedish society.