Minimum Unit Pricing for Alcohol in the Court of Justice

Abstract

Legislation passed by the Scottish Parliament in June 2012 to impose minimum unit pricing for alcohol sold in Scotland as part of a strategy to tackle alcohol-related harm has yet to be implemented pending the outcome of a challenge to its legality under EU law before the Scottish Courts brought by three associations of producers of wines and spirits, namely the Scotch Whisky Association, the Confédération Européenne des Producteurs de Spiritueux and the Comité de la Communauté économique européenne des Industries et du Commerce des Vins, Vins aromatisés, Vins mousseux,Vins de Liqueur et autres Produits de la Vigne. The first instance court in Scotland rejected the challenge in May 2013, but Scotland's appeal court decided in April 2014 that before ruling on the producers’ appeal, it should refer a number of questions to the Court of Justice of the European Union (“CJEU”). The CJEU is not expected to rule until late 2015 at the earliest and so the ultimate outcome before the Scottish courts is not likely to be known until 2016.