BRUSSELS (AFP) - The European Union executive sued Britain for repeatedly seizing cut-price tobacco and alcohol brought back legally by Britons from other EU states.
The European Commission said British custom officers were applying "disproportionate sanctions" in seizing the goods even if the traveller means to sell them on to friends or family without making a profit.
Brussels said it had decided to take the British government to the European Court of Justice after London ignored repeated requests to change its customs law.
"The commission has scrutinised the United Kingdom's application of EU laws concerning cross-border shopping for tobacco and alcohol very carefully over a long period of time," EU tax and customs commissioner Frits Bolkestein said.
"I understand any member states' need to fight fraud but the commission simply cannot accept penalties that are so disproportionate that they interfere with the rights given to EU citizens by the internal market rules to go shopping in other member states," he said in a statement.
"Regrettably the UK has failed to change its practices, despite our formal request to do so. It is therefore time to ask the court to consider this matter."
Bolkestein's spokesman Jonathan Todd said the British government had given "some vague indication that they might be willing to change their system within the next two weeks".
He told reporters: "If they were to do so we would be very happy and... wouldn't have to go to court. But thus far we have seen nothing concrete to suggest that they do intend to change their disproportionate penalties."
Under the EU's internal market rules, individuals can bring in an unlimited amount of goods from another member state, provided they are for their own use and not for commercial re-sale.
Britons more than most have seized upon their EU rights to take advantage of much cheaper prices for tobacco and alcohol across the Channel, creating a boom industry in "booze cruise" ferry trips.
But the British government complains that all too often, the goods end up being sold on the black market. For the commission, that is a legitimate concern.
But Brussels has taken particular objection to British customs officers' practice of seizing goods and vehicles if they suspect the merchandise is being bought for friends or family, even without any prospect of commercial gain.
"For the latter category of cases, the UK policy is disproportionate in the commission's view," the EU executive's statement said.
"The UK customs authorities seize the goods, which are not then restored. Any vehicle used for the transport of the goods can also be seized, and may be returned only on certain conditions, or not at all."
The commission said that seizure of goods was justified in serious cases, for example smuggling.
But "when applied to minor fiscal offences of a 'not for profit' character, it goes further than is strictly necessary and represents an unacceptable obstacle to the free movement of goods".
"The commission takes the view that, for these cases, the purpose of the excise system could be achieved by lesser means such as the collection of the duties and payment of a penalty."