Drinks industry calls for end to stalling over ‘Loi Evin’

Date: 23/04/1998

By Peter Chapman

EUROPEAN drinks firms are calling on the European Commission to stop stalling and give the green light for court action over France's alcohol advertising regime.

Richard Owen, director of the alcoholic drinks industry lobby the Amsterdam Group, has bitterly attacked the Commission for repeatedly failing to follow up its two-year-old complaint about the rules banning the screening of sports events which carry alcohol advertising on television.

Owen pins much of the blame for the delays on the Commission's legal service which, he says, has effectively stalled any moves towards a vote by the full Commission on whether to take legal action against France's Loi Evin.

The legal service, whose ultimate chief is Commission President Jacques Santer, has slowed progress on the case to a virtual standstill by demanding "extra clarification" from Paris on how it is applying the Loi Evin, even though internal market officials sent the French government a warning letter more than a year ago.

"What seems to be happening is that the legal service in the Commission sees itself as a Court of First Instance instead of referring the case to the actual court and letting it decide," said Owen.

He claims Loi Evin is such a blatant breach of the EU's single market that these delays must be politically motivated, inspired by a reluctance to upset big member states - particularly over health and consumer-related issues. "The television ban is a clear breach of the regulations. The fact that court action still has not been taken is very depressing," he said.

Commission sources say Paris is expected to provide further details of the way it is implementing the law "any day" now. If legal service and internal market officials then think they can make a case which will stand up against France, the way would be clear for the full Commission to vote on the issue.

Industry legal advisors are optimistic that the issue will be discussed at the May or June meeting of the Commission's infringements committee and then put to a vote in the full Commission.

But they warn that much depends on the attitude of Santer and the trio of Commissioners - Padraig Flynn, Edith Cresson and Yves Thibault de Silguy - who have so far opposed taking France to court.

Single Market Commissioner Mario Monti and his officials have always argued in favour of action over the law, claiming it discriminates against foreign companies and does not even meet its stated goal of protecting French consumers from alcohol.

The Amsterdam Group claims it already has 'substantial support' among other Commissioners and will redouble its efforts to get others onside if a final decision is in sight. "We believe there's a substantial support to get this over and done with and to refer it to the court, but we are pretty sure we won't get 100%," added Owen.