Scotland - BREAKING NEWS - minimum pricing legal challenge update

03 May
2013

The Court of Session in Edinburgh has determined that the minimum pricing measures proposed by the Scottish Government of 50p per unit, which were challenged by numerous bodies (including the Scotch Whisky Association), are "not incompatible with EU law".

The Court is further reported to have said:

"It held that in so far as the measures had equivalent effect to quantitative restrictions on imports, they were justified on the grounds of the protection of the life and health of humans."; and interestingly that

"The court was satisfied that it was unnecessary and inappropriate to refer any question of EU law to the Court of Justice for a preliminary ruling."

The decision is still open for appeal.

Whether this judgment will influence the Coalition Government's proposal to introduce a minimum unit price of 45p per unit in England and Wales remains to be seen.

 

Law correct at the date of publication.
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