The ECJ has said the Scottish and Irish Government’s case for a minimum unit price for alcohol is in breach of EU free-trade laws.
The court said the policy could be justified on health grounds under EU law only if it was more proportionate and effective than using general taxation. The case will now be referred back to the Court of Session in Edinburgh for a final decision.
The Scottish Whisky Association said the Scottish court must follow the ECJ ruling. However, Nicola Sturgeon, welcoming the court’s ruling on Twitter, denied that the judgement would stop minimum pricing being introduced. She tweeted: “ECJ opinion on minimum pricing welcome. We believe it is most effective way of tackling alcohol misuse. National court will now decide.”