Scottish plan for minimum pricing for alcohol heads to European court

Scotland’s attempt to impose minimum pricing on alcohol will go to the Court of Justice of the European Union after a successful application by manufacturers.

The Scotch Whisky Association (SWA) argued in the Court of Session that to impose minimum unit price for alcohol would breach EU law.

In his judgment Lord Eassie said the issues of EU law concerned were unclear and it would be “expedient and appropriate for this court now to request a preliminary ruling under article 267 of the Treaty on the Functioning of the European Union”.

He noted that the European Commission had already “expressed an adverse opinion on the minimum unit provisions and that of the 11 member states who have expressed a view to the commission…nine have expressed opposition”.

SWA chief executive David Frost said: “From the outset we said that we believed minimum unit pricing was contrary to European Union law and that it was likely in the end to go to the European Court.”

Scotland’s health secretary Alex Neil said it was right this “precedent-setting case” was considered by the CJEU.

He said: “The Scottish Government has always believed that minimum unit pricing is the right thing to do and will save lives. Scotland has a difficult relationship with alcohol and we need to urgently take action to tackle this problem that puts a huge burden on our society.”

The Scottish Government said it needed minimum unit pricing because Scots drank a fifth more alcohol than their counterparts in England and Wales, and hospital admissions for alcohol-related harm had quadrupled since the early 1980s.