Unclear Swedish law leads to harassment of e-commerce wine broker

Unclear Swedish law leads to harassment of e-commerce wine broker: “My business is legal,” maintains Peder Molin

 

Press Release

The Swedish website handlavin.se arranges the sale of ecological wine to Swedish wine connoisseurs from exclusive boutique wineries in Austria.

In an apparent breach of EU law, as clarified by the European Court of Justice in the Rosengren decision (C-170/04), Swedish law enforcement has opened a criminal investigation against handlavin.se owner Peder Molin and seized wine earmarked for delivery to 20+ customers.

The action was taken by armed police on March 19^th, in the leafy residential area of Stockholm where Mr. Molin maintains his office. Mr. Molin has operated his business without incident for the past 2.5 years, and has strictly adhered to Swedish laws concerning the collection of applicable taxes and the avoidance of alcohol sales to minors. 

Mr. Henrik Nilsson of Com advokatbyrå, lawyer for Mr. Molin, has petitioned the Stockholm District Court to order the police to release the seized goods. The court will hold a hearing regarding the seizure on Tuesday, April 8.

If the police investigation results in a criminal charge before the court, Mr. Molin risks a prison sentence of at least 6 months, and up to 6 years.

In January 2014 the Swedish government commissioned a special study on the current regulation of sales of alcohol over the internet. The government instruction to the commission stated that the regulations were perceived as unclear and difficult to understand, and tasked the commission with suggesting amendments to the law.

The Austrian wineries who have sold wine to consumers in Sweden with the help of handlavin.se have expressed concern that Swedish law enforcement has taken this action that directly restricts the free movement of goods within the EU and their ability to do business with Swedish customers. These wineries have expressed their support for Mr. Molin and will be contacting Austrian authorities to register their complaints.

For further information, please contact

Mr. Peder Molin at +46 70 595 77 13 or peder@handlavin.se

Attorney Henrik Nilsson at +46 72 72 311 00 or henrik@comlaw.se

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