European court to deliver minimum alcohol price plan verdict

A European court has said the Scottish government’s case for a minimum unit price for alcohol is contrary to EU law if other tax options exist.

The legislation to bring in a minimum price of 50p per unit was passed by the Scottish Parliament in May 2012.

The Scottish courts will now consider the European court’s decision and will make a final ruling on MUP in due course.

The European Court of Justice ruling instead recommends the introduction of alternative tax measures.

He said: “The SWA always said European Union law issues were central to this case, and so it has proved”.

In a ruling the court said the price control unnecessary restricts the drinks market and that the public health effect the policy aims to achieve could in principle be generated through a simple tax.

Scotland has a historically poor alcohol public health record, with excessive consumption calculated by the Scottish government to cost £3.6bn every year.

In its ruling this morning, the court said the measure was unfair because it applied to imported drinks as well, and therefore it restricted the ability of foreign drinks companies to trade freely.

Responding to media reports that the ruling means the Scottish government can not implement MUP, Sturgeon tweeted: “No, it doesn’t”.

“This ruling opens the way to moving the debate on and allowing us to address alcohol misuse with practical measures that actually work”, he stated.

“While we must await the final outcome of this legal process, the Scottish Government remains certain that minimum unit pricing is the right measure for Scotland”.

However, First Minister Nicola Sturgeon insisted the fight was not yet over.

“We believe that it is a proportionate measure and the only measure that would effectively target the widespread access to alcohol that is very cheap relative to its strength”, he said. “It sets out tests national court needs to apply”. “This is an early Christmas present for moderate drinkers everywhere, who already pay astronomical levels of tax on each sip they take”.

She said the policy had won support from health professionals, police and charities as it would “reduce hospital admissions, cut crime and save lives”.

“In taking legal action against the Scottish Government, the Scotch Whisky Association has blocked the democratic will of the Scottish Parliament and sacrificed public health to protect their members’ profits”.

The ruling comes shortly after Leo Varadkar announced details of his plans to introduce minimum alcohol pricing in Ireland, which would have consumers paying a minimum of €2 for a 500ml can of beer or a minimum of approximately €8.60 for a bottle of wine.