Supreme Court of Finland Rules in Favor of Estonian Company's Importation of Alcoholic Beverages

Strategic Insights -

The Supreme Court of Finland has delivered a preliminary ruling in a case regarding the importation of alcoholic beverages from Estonia to Finland. The court's decision found that the seller had not violated the Alcohol Act by importing and selling alcoholic beverages in Finland. The case dates back to 2014-2016, when the defendant, an Estonian company owner, sold beverages to private individuals residing in Finland through his company's websites.

Key Takeaways:

  • The Supreme Court ruled that the seller operating in Estonia had ceased to have actual control over the alcoholic beverages when they were transferred to an independent transport company, thus not violating the Alcohol Act.
  • The court found that the defendant had not imported or sold alcoholic beverages in Finland in violation of the Alcohol Act.
  • The preliminary ruling did not change the decision of the Court of Appeal, which had dismissed the charge of a serious alcohol offence.
  • The defendant was convicted of aggravated tax fraud, but the Supreme Court's ruling did not affect this conviction.
  • The Supreme Court granted the prosecutor leave to appeal on the question of whether the defendant had committed an aggravated alcohol-related offence.

Statistics:

  • The case involved the importation of alcoholic beverages from Estonia to Finland.
  • The defendant sold beverages to private individuals residing in Finland through his Estonian company's websites in 2014-2016.
  • The Helsinki District Court dismissed the charges of aggravated tax fraud and aggravated alcohol-related offences on February 20, 2020.
  • The Helsinki Court of Appeal convicted the defendant of aggravated tax fraud on February 7, 2023.
  • The Supreme Court ruled in favor of the defendant on the charge of aggravated alcohol-related offences.

Sources:

  • Supreme Court of Finland: "KKO:huoneen presidentti ja jaoskunta" ("Presidents of the Chamber of the Prime Minister and Division")

https://korkeinoikeus.fi/fi/index.html