The drinks industry is to launch an appeal after its legal challenge to try to block the Scottish government’s proposals for minimum pricing of alcohol was dismissed by a court in Edinburgh today.
The Court of Session ruling said plans by the SNP government to introduce a 50p per unit minimum price were legal and not in breach of EU competition law.
However, SpiritsEurope, which brought the case alongside the Scotch Whisky Association and CEEV, has already said it will mount a challenge. A separate probe by the European Commission will also continue, after the Commission and 11 EU member states raised concerns over the policy.
In a summary of his decision today, Lord Doherty said: “The court ruled that the Acts of Union were not an impediment to the minimum pricing measures. The court also decided that the measures were not incompatible with EU law.”
“We are confident that, on appeal, the measure will be proven to be illegal and counter to the rules underpinning the single European market”
Paul Skehan, SpiritsEurope
“We are disappointed by this decision and will appeal it, believing that it contravenes not only 30 years of European case law on minimum unit pricing but also the views expressed by the European Commission and 11 Member States,” said director general of SpiritsEurope, Paul Skehan.
“We are confident that, on appeal, the measure will be proven to be illegal and counter to the rules underpinning the single European market. We are surprised that the court decided it was unnecessary to refer any question of EU law to the Court of Justice for a preliminary ruling, considering the existing legal background.”
Gavin Hewitt, CEO of the Scottish Whisky Association, confirmed the move to appeal. “We will be appealing against this decision and we remain confident of our position. The view from Europe is very different to that expressed by the court and we are not alone in having concerns about the legality of MUP [minimum unit pricing].”
The latest developments come with David Cameron widely reported to have decided against pushing ahead with plans for minimum pricing south of the border. However, the Northern Ireland Assembly is following Scotland by pressing on with its own plans.
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