24The Swedish Government also maintains that, in order to determine whether the importation of goods seized from a traveller's personal luggage is commercial in nature, account must be taken of the nature and quantity of the goods, but adds that the economic and personal circumstances of the traveller, whose wife, in the main proceedings in the present case, comes from Asia, must also be taken into account. The Swedish Government bases itself on the position taken by the Court in Case C-208/88 Commission v Denmark [1990] ECR I-4445, according to which Article 45 of Regulation No 918/83 does not allow Member States to presume, without allowing proof to the contrary, that an importation must be commercial in nature where the imported goods found in the personal luggage of a traveller exceed a certain quantity.
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