European Court of Justice Rules against minimum alcohol pricing: It restricts free trade in EU

The European Court of Justice (ECJ) ruled that the Scottish government's legislation, which called for a minimum unit price (MUP) on alcohol, is contrary to European Union trading laws if more relaxed tax measures can be introduced instead, the BBC reports. Both the Scotch Whisky Association (SWA) and the First Minister Nicola Sturgeon welcomed the court's decision, saying that "we believe that it is the most effective way of tackling alcohol misuse."

The case was referred to the ECJ in 2013, who published an interim opinion in September.

The magistrates at the Luxembourg-based court said that minimum alcohol price plan would curb the free circulation of goods, writes The Courier. The Scotch Whisky Association filed the case against the measure in 2012 after it was passed by the Scottish Parliament.

The ECJ remanded the case to the Court of Session in Edinburgh, who will study all evidence to guide them in making the final decision on the case. Regardless of the decision, observers say that they expect the appeals process by either the SWA or the Scottish Government to reach the UK Supreme Court.

Supporters of the MUP counter that the legislation would target hard alcoholic beverages, which they say is a significant source of problems among the youth, and that the new law would have been able to address this lingering issue.

Meanwhile, in Ireland, the Alcohol Beverage Federation of Ireland ABFI lauded the ECJ ruling, according to the Irish Times. They maintain that the MUP is not likely to be implemented in Ireland, ABFI adds, they want to minimize alcohol misuse, but in other ways such as banning the sale of alcohol below cost, which they see is an effective deterrent to alcohol misuse.

If the MUP were to push through, the most affordable bottle of wine is priced at least £4.69, and a package for four 500ml cans of lager would be priced £4 at the least.